AfriForum land expropriation court

NORTH WEST, SOUTH AFRICA – JANUARY 25: Daan du Plessis’ farm he used to work on before it was abandoned in 1996 on January 25, 2018 in North West, South Africa. The government claims that it owns more than R8 milliard worth of farming land on which nothing is happening. (Photo by Gallo Images / Rapport / Deon Raath)

Land expropriation: AfriForum takes Parliament to court

AfriForum, in its court application, argues that the Committee failed to engage with over 100 000 written submissions.

AfriForum land expropriation court

NORTH WEST, SOUTH AFRICA – JANUARY 25: Daan du Plessis’ farm he used to work on before it was abandoned in 1996 on January 25, 2018 in North West, South Africa. The government claims that it owns more than R8 milliard worth of farming land on which nothing is happening. (Photo by Gallo Images / Rapport / Deon Raath)

Civil rights group AfriForum is heading to court over the ‘flawed’ parliamentary process concerning land expropriation without compensation.

A parliamentary report endorsing amendments to the Constitution of South Africa is the latest flashpoint in the land expropriation debate. Earlier this month, the Constitutional Review Committee assessing land expropriation without compensation released its findings – yet, the controversial report has been met with condemnation by AfriForum.

AfriForum says land expropriation report is skewed

AfriForum, who have vehemently fought against amendments to the Constitution allowing for land expropriation without compensation, have resolved to contest the Committee’s report in the courts in an effort to halt procedures.

The group’s legal bid has already led to the postponement of a parliamentary debate which was due to take place this week. Parliament had planned to hold a National Assembly debate and vote on the proposed Constitutional amendments on Tuesday.

However, AfriForum’s Western Cape High Court bid means that the National Assembly may only begin its voting process next week. On Thursday, AfriForum, led by its strong legal team, will argue its case, citing procedural irregularities which have skewed the Constitutional Review Committee’s report.

AfriForum is pointing directly to a mountain of written submissions which have allegedly been ignored by the Committee in favour of oral submissions received during the public hearings process. This, AfriForum argues, is both unfair and unconstitutional.

Parliament, however, argues that the processes followed by the Constitutional Review Committee were fair and in-line with their mandate – as such, the report which advocates an amendment to the Constitution is binding.

Parliament hits back at AfriForum

The co-chair of the Constitutional Review Committee, Lewis Nzimande, reaffirmed that AfriForum’s litigative endeavours are baseless and ill-advised, adding that the matter should be struck off the roll. In his affidavit, Nzimande stated that AfriForum was simply seeking to disrupt and undermine parliamentary processes. As reported by Business Day, Nzimande said:

“AfriForum should have waited and sought to challenge the amendment to the constitution if one is passed. [AfriForum’s court bid] is deliberately aimed at shutting down parliament’s ability to consider policy options that AfriForum disapproves of. Only an act of parliament can be interdicted from coming into effect and/or challenged for want of legality.”

AfriForum, in its court application, argues that the Committee failed to engage with over 100 000 written submissions and that the parliamentary process was marred by irregularities concerning stakeholders’ testimony. Willie Spies, AfriForum’s attorney, said:

“We want the court to refer the report back to the committee and to request the committee to repair the wrongs.”

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