75% is what it will take to change S25 of Constitution – no argument
- Fact – 75% is the bar to change the Constitution as it now stands
- Anything else is a misunderstanding of the Constitution
• Must the Constitution be changed to cater for expropriation without compensation (EWC) or can it be done without amending S25?
• And – if a change is required – what percent of members of the National Assembly will be required to approve the amendment?
• 75 per cent is required to change the Constitution to cater for Expropriation of property without compensation.
• There can be no argument – although many are trying.
Professor Robert Vivian will present his expert opinion on this and why everything hinges on the essential but often misunderstood concept of the Rule of Law. Understand this, and the answer to constitutional issues becomes clear, including the significance of amending S1 and S25.
• It will be necessary to remove the phrases “rule of law” and “human rights” – from S1 which, with EWC, will mean – requires a 75 per cent vote.
• But – even if these are removed, it does not stop the Rule of Law nor basic Human Rights from being violated.
Robert W Vivian is Professor of Finance & Insurance, School of Economic and Business Sciences, University of the Witwatersrand. Robert originally studied electrical engineering, graduating with a BSc (ElecEng) degree. While practising as an engineer, he obtained two law degrees from UNISA and subsequently began a career in risk management, specialising in the management of liability risks while working for Alexander Forbes (now Marsh Africa), a career he followed for the next decade. In 1989, the University of the Witwatersrand established a chair in Insurance & Risk Management and Robert was appointed as the first professor to hold this chair, a position he has held ever since.