Whilst Agri SA opposes constitutional amendments to section 25 as a viable mechanism to speed up land reform, the agriculture organisation agreed that constructive and effective debate would be crucial to address the ineffectiveness of the current land reform system.

Agri SA’s position on the proposed amendment of section 25 of the Constitution, is that the property clause is not an impediment to land reform and that no changes need to be made to section 25 of the Constitution to achieve just and equitable land reform.

An amendment to section 25 will not fix systemic institutional incapacity. In its submission to the Ad-hoc committee, Agri SA addressed the following:

What it considers to be the impediments to land reform and why land reform has thus far been ineffectual. It will substantiate these views by referring to various reports.

International best practice on compulsory acquisition and various international human rights instruments that protect property rights.

Some of the possible economic consequences of a watering down of property rights protection, or the perception thereof, the impact on food security.

Proposals and plans for speeding up land reform and ensuring its sustainability.

Whilst Agri SA opposes these constitutional amendments to section 25 as a viable mechanism to speed up land reform, the organisation agreed that constructive and effective debate is crucial to address the ineffectiveness of the current land reform system.

An amendment to section 25 will not fix systemic institutional incapacity. In its submission to the Ad-hoc committee, Agri SA addressed the following:

Agri SA points out in its submission that an unnecessary amendment to the Constitution undermines the foundational values of the Constitution. An unnecessary amendment to the Constitution is also not rational and has the effect that the Constitution would be treated by the State as it would any other legislation.

Given that the Constitutional court has recognised that the real problem with land reform is not with the courts or the laws of the country, an unnecessary amendment also undermines the rule of law, since it ignores the findings of that court.

 
 

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