1. The FW de Klerk Foundation (the Foundation) was established in 1999 to protect and promote the Constitution of the Republic of South Africa, as the most important legacy of its founder, former President FW de Klerk.
2. Accordingly, the Foundation endeavours to contribute positively to the promotion and protection of our constitutional democracy. As such, the Foundation welcomes the opportunity to make a concise submission – per the invitation by the Ad Hoc Committee to initiate and introduce legislation amending section 25 of the Constitution (the Committee) on the Bill published in Government Gazette Notice 42902 of 13 December 2019.
3. The Foundation regards the question of amending section 25 of the Constitution (section 25) to provide for the expropriation of land without compensation (or “nil compensation” as provided for in the Bill), of central importance to the future of South Africa. This is not only in relation to the essential requirement for the successful process of land reform, but also for the future of property rights and hence the prospects for theeconomy, as well as for the future of race relations in South Africa.
4. In this regard, please find attached our submission for the Committee’s attention and consideration.
5. We trust that our submission will be of assistance in guiding the Committee in its deliberations regarding the Bill. We are also available to make an oral submission to the Committee.
Issued by the FW de Klerk Foundation
30 January 2020