Issued by Daniela Ellerbeck on behalf of the FW de Klerk Foundation on 18/08/2025

Introduction

August 2025 sees three (3) notable private members’ bills – all seeking to change the Constitution in one way or another – open for public comment. Private members’ bills are laws being proposed by individual Members of Parliament (“MPs”). These MPs are asking for the public’s views on these bills before they officially table them in Parliament for its consideration. (Should the bills be tabled in Parliament they will, once again, be subject to public participation.)

A breakdown of the various bills

1. ActionSA’s Proposal to Restructure the Executive

The first bill, which Honourable Athol Trollip of ActionSA intends to introduce, proposes a series of amendments aimed at restructuring the President’s cabinet: The bill seeks to abolish the office of Deputy Minister and remove all references to it from the Constitution. It also proposes increasing the number of Ministers who may be appointed that are not MPs. Crucially, it wants to introduce a requirement that all ministerial appointments must be approved by Parliament’s first house, the National Assembly. Additionally, the bill provides for motions of no confidence in individual Ministers.

Members of the public have until Sunday, 24 August 2025 to submit their views on the bill’s proposals to the Speaker of the National Assembly at speaker@parliament.gov.za (copy in parliament@actionsa.org.za).

2. MK Party’s Proposal to Nationalise Land and Natural Resources

The second bill, which Honourable Mzwanele Manyi of the MK Party intends to introduce, proposes making the state the custodian of all land in South Africa. It also proposes removing all references to compensation from section 25 of the Constitution (the section which entrenches and protects property rights). Finally, it proposes extending the historical cut-off date for restitution claims to 6 April 1652, the date of Jan van Riebeeck’s arrival in the Cape.

The public has until Wednesday, 27 August 2025 to submit their views on this bill to the Speaker of the National Assembly at speaker@parliament.gov.za (copy in Amngxitama@parliament.gov.za and mmanyi@parliament.gov.za). This bill has far-reaching implications for property rights and social cohesion. For this reason, the Foundation encourages the public to comment.

3. DA’s Proposal to Bar Impeached Officials from Public Office

The third bill, which Honourable Glynnis Breytenbach of the Democratic Alliance intends to introduce, seeks to limit who can become an MP, or a member of a provincial legislature, or Municipal Council. It aims to bar former judges who were removed from that office by the President, because of gross misconduct, as well as any person who was appointed to a Chapter 9 institution (e.g. the Public Protector), who was removed from that office by the President, because of misconduct.

The public has until Saturday, 30 August 2025 to submit their views on this bill to the Speaker of the National Assembly at speaker@parliament.gov.za (copy in legislation@da.org.za).

Conclusion

All three (3) bills represent diverse and significant proposals to amend South Africa’s supreme law – the Constitution. Whether it pertains to Cabinet’s structure, property rights, or a person’s eligibility for public office, each bill touches on core constitutional principles and affects the rights and freedoms of all citizens. The FW de Klerk Foundation encourages all South Africans to actively engage in the democratic process: read the bills, reflect on their implications for you and comment to make your voice heard.