FMF 2020 submission on Constitution Eighteenth Amendment Bill

FMF Principles_2

Committee to Initiate and Introduce Legislation Amending Section 25 of the Constitution,
National Assembly

Summary

While this submission does point out the flaws in the Amendment Bill and suggest how they might be rectified, it must be made clear that the Free Market Foundation opposes this enterprise of amending the Constitution per se. The Constitution already makes ample provision for substantive land reform, and amending the Bill of Rights to satisfy (ostensible) passing political passions sets an incredibly dangerous precedent for future generations. The notion of expropriation without compensation offends the doctrine of constitutionalism.

Contributors

Martin van Staden

Head of Policy

Jacques Jonker

Former Researcher

Zakhele Mthembu

Legal Researcher

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