No need to change Constitution – Ngcukaitobi

The great land reform debate – sparked by the governing ANC's dramatic about-turn from a year ago to back the EFF's parliamentary motion for expropriation without compensation – has sparked heated discussion about whether it is necessary to change the Constitution to make land reform work, notes Legalbrief. Advocate Thembeka Ngcukaitobi, author of The Land is Ours: South Africa’s First Black Lawyers and the Birth of Constitutionalism, who has at times acted for the EFF, is critical of the government’s role on the issue and why it hasn’t used the Constitution to date to fast-track land reform. According to Rapport, Ngcukaitobi believes it is possible, but not necessary, to amend section 25 to give greater clarity on expropriation without compensation and still protect private property rights. This, he says, could be done by allowing for compensation and court oversight in ‘normal circumstances’ and defining instances where no compensation would be paid. However, he thinks the current wording of section 25 is sufficient to allow land reform. ‘The problem is that the government has never used it to expropriate land without compensation. In 23 years there hasn’t been a single case in which the government asked for it. It is one of the greatest mysteries of my career,’ he is quoted as saying.

Full report in Rapport (subscription needed)