The passing of the bill to amend Section 25 of the constitution could very likely be passed based on the numbers of votes required by members of the National Assembly.
Presently Section 25 of our constitution deals with the right to property, limited in that property may only be expropriated under a law of general application (not arbitrarily), for a public purpose and with the payment of compensation.
The EFF’s proposed amendment seeks to remove the part that reads “subject to compensation”, but what is most notable about this particular aspect of the debate is that government has never developed a land reform policy that considers “just and equitable compensation” from any standpoint other than the “willing buyer, willing seller” principle, according to Prof Ruth Hall, of the University of the Western Cape.
So, how likely is it that the bill will be passed?
Section 74 of the Constitution provides that a bill to amend the Constitution can only be passed if at least two-thirds of the members of the National Assembly (that is, at least 267 of the 400 members) vote in favour of it. If the amendment affects provincial powers or boundaries, or if it amends the Bill of Rights, at least six of the nine provinces in the National Council of Provinces must also vote for it. To amend section 1 of the Constitution, which establishes the existence of South Africa as a sovereign, democratic state, and lays out the country’s founding values, would require the support of three-quarters of the