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SUBMISSION ON THE REVIEW OF SECTION 25 OF THE CONSTITUTION

SECTION25

  1. The FW de Klerk Foundation was established in 1999 to protect and promote the Constitution of the Republic of South Africa, as the most important legacy of its founder, former President FW de Klerk. 
  2. On 15 March 2018, the Foundation issued a statement setting out its position on expropriation without compensation (EWC) and the amendment of section 25 of the Constitution. For ease of reference, we attach it as Annexure A. 
  3. The Foundation welcomes this opportunity to comment on the motion adopted by the National Assembly on 27 February 2018 relating to land reform.
  4. The Constitutional Review Committee was tasked with reviewing “Section 25 of the Constitution and other sections where necessary to make it possible for the State to expropriate land in the public interest without compensation.”
  5. The Foundation regards this question as being of central importance to the future of South Africa - not only with regard to the essential requirement for a successful process of land reform, but also for the future of property rights and hence the future prospects for the economy, as well as for the future of race relations in South Africa.
  6. The Foundation therefore submits this proposal to the Constitutional Review Committee. We will also attend the public hearings and would be available to make an oral submission. 

Issued by the FW de Klerk Foundation
15 June 2018

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