Martin van Staden

Libertarian Jurisprudence & Free Market Policy

Amending the Constitution on Shaky Grounds Will Cause Illegitimacy

Removing the right to compensation when expropriating property that is currently contained in section 25 of the Constitution, will be a lethal blow to the legitimacy and stability of our constitutional order if done under present conditions. The negotiations of the 1990s which led to a constitution that not only did not contain everything everyone wanted but also contained things that nobody wanted, led to a constitutional order that is today widely accepted, and acceptable. Expropriation without compensation will change this in a very fundamental and dangerous way.

Vincent Smith MP has admitted, without a hint of shame, that out of the 450,000 submissions that have been made to the Constitutional Review Committee on the question of expropriation without compensation (EWC), the committee will only consider a “sample” 400 submissions because, according to members of the committee, it would be “impossible” to review all of them.

All South Africans, whether they are for or against EWC, should feel deeply insulted by this development.

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