Dear Sakeliga member and friend It is our pleasure to announce the establishment of Sakeliga’s new Centre for Constitutional Dynamics and the appointment of Professor Koos Malan as its first Fellow. The announcement comes at an important time for Sakeliga’s mission. In the decade ahead, we will have to craft a good business environment despite […]
Sakeliga presents panel discussion on Expropriation Bill and amendment of Article 25 of the Constitution
Tian Alberts The business organisation Sakeliga held a live panel discussion on its Facebook page on Tuesday, March 30, 2021, during which various focus points around the controversial Expropriation Bill and amendments to Article 25 of the Constitution were discussed. This follows two strong parliamentary submissions by Sakeliga during last week’s public hearings. Several issues […]
One can have either expropriation without compensation or a valid constitution, but not both. For this reason Sakeliga rejects the draft amendment bill on the Constitution in its entirety.
“AfriBusiness supports property rights. We monitor what happens in parliament, deliver input, and take cases to court if necessary. But it would not be wise to put all one’s eggs in the basket of better political decisions. Therefore, we also work to protect our members’ interests – and the public interest – even under the […]
(Edited version of Sakeliga CEO Piet le Roux’s submission to the Constitutional Review Committee) The problem with South Africa’s debate about expropriation without compensation is that its Parliament got the question wrong. At first glance, what is debated is whether the Constitution should be amended to facilitate expropriation without compensation. However, this superficial question obscures […]
Analysis by Professor Koos Malan, Professor of Public Law at the University of Pretoria, for Sakeliga as part of Sakeliga’s submission to the Constitutional Review Committee on the question of amending the Constitution for expropriation without compensation 1. Summary Expropriation without compensation, more correctly, the confiscation of property, is a patent invasion into the basic right to private […]
Any amendment to the Constitution of South Africa, whether in text or by way of interpretation, to facilitate expropriation without compensation, would seriously undermine the Constitution’s constitutional legitimacy. So says Piet le Roux, CEO of AfriBusiness.