Expropriation with out compensation NEASA’s submission to parliament
NEASA has submitted its comments on the proposed 18th Amendment Invoice (‘the Invoice’) as it relates to proposed amendments to part 25 of the Constitution to the ad hoc Committee to Initiate and Introduce Legislation Amending Share 25 of the Constitution (‘the Committee’).
In this submission, NEASA units out its reasons for the rejection of the Invoice in its entirety and also exposes Executive’s false rhetoric and their sinister agenda at the back of these amendments.
NEASA exposes the pitfalls of any expropriation laws which are aimed at undermining property rights of electorate, which pose a colossal danger that will cripple the nation’s financial system. The EWC doctrine, which enables the arbitrary confiscation of property, has failed in all jurisdictions globally, the place it has been adopted.
NEASA aspects out that the Invoice transgresses international laws and treaties, to which South Africa is a signatory. This will naturally have a negative impact on foreign relations and foreign investment, that may now not finest cause financial hiss to cease in its entirety, but will cause an acceleration of job losses, hyperinflation, the cessation of production and because of this severe food shortages, the failure of financial institutions, damage to social belief, and will discourage any construct of entrepreneurship and trade.
NEASA aspects out the dangers of the proposed discretionary powers to be given to the officials in the Govt of all three spheres of authorities and emphasises the grand risk in the arbitrary exercising of this discretion. Contrary to the passe model of the Invoice, the jurisdiction of the court deciding on nil compensation has been removed. This is an insidiously clear limitation of the role of the court in deciding on nil compensation and an infringement of the doctrine of separation of powers.
The fact that EWC will lengthen to all property and now not merely land is also commented on. By way of this amendment, Executive has the vitality to grab any construct of property from its electorate, including, residential property, shares, investments, medical aid- and pension fund reserves, and any varied assets beneath the undefined auspices of so-called ‘public pastime’, assumingly, again at the behest of a state official, which can be the tip of the property rights regime in South Africa.
NEASA extra comments on the proposals requiring that stipulations needs to be fostered to enable state custodianship of certain land for electorate to gain access to land on an ‘equitable’ basis. Notwithstanding the glaring disregard for property rights, the idea that that a state can confiscate one’s land, beneath the guise of custodianship, with out compensation, is immoral. According to highly criticised existing legal precedent, state custodianship of land will strip all dwelling owners of the rights they revel in and terminate any hope of gaining title for thousands and thousands of South Africans. South Africans can be grew to change into into tenants of the state, obliged to pay hire for what (in many cases) they ragged to grasp.
NEASA highlights that Executive’s campaign to carry about an amendment to the Constitution has been almost completely targeted on alleged ‘restitution’, which is a blatant lie. ‘Restitution’ is a matter of justice, the place property that was illegitimately taken by the State from its owner is returned to that owner or their descendants, or compensation is paid in respect thereof.
Then again, Executive has always had a policy preference for redistribution and nationalisation (as adversarial to restitution), meaning that, may calm the Invoice be adopted, it is vulnerable to be utilised to take land from legitimate dwelling owners, who can be subjected to summary eviction at bureaucratic whim, and given to individuals unrelated to that land, to make way for politically linked luminaries and favoured cadres.
EWC has caused anarchy and chaos in all international locations the place it has been applied, and to judge that this may be any varied in South Africa, is dangerously naïve.
NEASA unequivocally rejects the Invoice, which needs to be scrapped and abandoned.
To gawk NEASA’s submission, click here.
CHARIS CHRIS – ESEMA
NEASA MEDIA LIAISON
083 393 4435