On 27 February 2018, the National Assembly made a landmark decision to review Section 25 of the Constitution of the Republic of South Africa in order to cater for the principle of land expropriation without compensation (Parliament of the Republic of South Africa, 2018).

This follows the decision by the African National Congress (ANC) at its December 2017 conference, where it indicated that it would start the process towards a constitutional amendment of Section 25 to make possible land redistribution without compensation, provided that it is sustainable and does not harm the agricultural sector or the economy.

Furthermore, the ANC argued that the proposed approach to land reform would be guided by sound legal and economic principles, and would contribute to the country’s overall job creation and investment objectives.

The proposal of land redistribution without compensation somewhat marks a shift in policy, and comes at a time when land reform (through both the State and market) has made more progress than experts and policymakers care to admit.

Report by CDE