FMF NEWSLETTER 22 August 2018

22 August 2018
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FMF NEWSLETTER 22 August 2018    
FEATURE article  

Expropriation of land without compensation – 75 per cent required to change the Constitution ROBERT W VIVIAN

It seems the African National Congress (ANC) is determined to press ahead with the expropriation of property without compensation. This raises a number of constitutional questions. These questions and offered answers have appeared in the press.

Some have argued the constitution will have to be amended while others have argued land can be expropriated without compensation without amending the constitution. Along these lines, then, a further question which has arisen is, if it is amended, what percentage of members of the National Assembly will be required to approve the amendment?

In terms of s74 (1)(a) of the constitution, 75 per cent is required, but, in terms of other provisions, two-thirds is required. So, the question arises, does the amendment fall within the purview of s74(1)(a) or does the amendment fall to other provisions of the constitution? Amending s1 of the constitution falls within the preview of s74(1)(a) which requires 75 per cent of the vote.
 

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