Throughout our series of bi-weekly articles in Business Day over the past 10 weeks, we have endeavoured to constructively contribute to the land reform debate. While we have flagged some unintended consequences of the proposed expropriation without compensation policy, we have always argued for an efficient land reform process, with minimal state involvement in order to quickly restore land rights to the majority of South Africans. Our view is somewhat aligned to the view of lawyers such as advocates Tembeka Ngcukaitobi and Thuli Madonsela, as well as the ANC’s own position accepted at its recent land summit. This position holds that the current provisions of the constitution providing for powers related to expropriation should be implemented immediately first so as to test the bounds of the compensation clause in the current constitution before considering an amendment.

It also makes provision for a comprehensive land reform programme provided for in the constitution with cle...

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