Irrigation system is seen at a farm in Eikenhof, South of Johannesburg. REUTERS/Siphiwe Sibeko
Irrigation system is seen at a farm in Eikenhof, South of Johannesburg. REUTERS/Siphiwe Sibeko

The National Council of Provinces (NCOP) has adopted the controversial report recommending an amendment to the constitution to allow for land expropriation without compensation.

However, more court challenges loom.

Eight provinces voted in favour of the report, with the DA-led Western Cape objecting.  

The adoption of the report by the NCOP means that both houses of parliament have approved the proposal to amend the constitution to make it explicit that expropriation without compensation is one of the means that can be used to address the skewed land ownership patterns dating back to the colonial and apartheid eras.

On Tuesday, the National Assembly voted in favour of the report, despite strong objections by the official opposition, the DA, which has vowed to launch a court challenge.

It will now be up to a separate committee, set up by parliament, to consider the redrafting of section 25 — the property clause — including the precise wording. This will require further public consultations. 

ANC chief whip Jackson Mthembu indicated on Tuesday that the party would bring a motion on Thursday to chart the way forward, which could fast-track the process.

phakathib@businesslive.co.za