ANC proposal: EWC decisions to be made by the executive, not the courts

ANC proposal: EWC decisions to be made by the executive, not the courts

The ANC has proposed that the executive, rather than the courts, should decide when nil compensation on expropriation should apply.

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This contradicts language proposed by the Ad Hoc Committee in parliament to amend section 25 of the Constitution.

In the attached note, we explore the implications of this new proposal.

EWC is a rapidly evolving risk with several dimensions. As a client of the CRA, I would encourage you to arrange an off-the-record meeting with us to discuss this risk in private.