Land Expropriation: AfriForum vs Parliament to be heard on Thursday

2018-11-26 17:43

AfriForum's application to have the Joint Constitutional Review Committee's report on section 25 set aside will be heard on Thursday.

Parliament will oppose the application. 

The parties' legal counsel appeared briefly before Judge Gayaat Salie-Hlophe in the Western Cape High Court on Monday where they said that they would file their heads of argument by Tuesday morning, and that they agreed that arguments would be heard by two judges on Thursday.

The small courtroom was packed with a crowd that included members of the organisation Black First Land First.

The committee's report, in which it recommends that section 25 of the Constitution is amended to allow expropriation without compensation, was adopted by the committee on November 15, despite opposition parties – the DA, Cope, FF Plus, ACDP and IFP – being opposed to an amendment, highlighting what they considered procedural problems with the committee's handling of the hundreds of thousands of written submissions as their main concern. The ANC, EFF and NFP voted for the committee to adopt the report. Committee co-chairpersons Stan Maila and Lewis Nzimande said afterwards that they were certain the committee had followed due process. 

The written submissions are also AfriForum's major concern.

AfriForum 'undermining the will of the people'

AfriForum's attorney, Willie Spies, said three quarters of a million submissions were made. 

"The constitutional duty of a committee of Parliament is to consider those reports. That did not happen," he said.

"Those reports were outsourced to a third party service provider, and the third party service provider considered the reports and the third party service provider made the decision which of the inputs to regard and which to disregard. And in total 180 000 were disregarded. It is not the work of any committee to disregard any written submissions."

AfriForum is asking the court to set aside the committee's report and that the adoption of the report is interdicted. The National Assembly is scheduled to debate and adopt the report on December 4. 

Parliament's spokesperson Moloto Mothapo said the legislature would ask the court to dismiss the application and strike it off the roll "because it is ill-advised and it is intended to frustrate Parliament's constitutional right to process its own business". 

"In this particular case, it is also intended to gag the great majority of South Africans who came out to express themselves."

He said AfriForum was setting out to undermine the express will of the people and the internal processes of Parliament.

"And that cannot be allowed," he said. "We believe court processes shouldn't be abused because of AfriForum's deep pockets." 


Read more on:    afriforum  |  cape town  |  land  |  land expropriation  |  parliament
NEXT ON NEWS24X

Join the conversation!

24.com encourages commentary submitted via MyNews24. Contributions of 200 words or more will be considered for publication.

We reserve editorial discretion to decide what will be published.
Read our comments policy for guidelines on contributions.

Inside News24

 
/News
Traffic Alerts
Traffic

Jobs in Cape Town [change area]

Jobs in Western Cape region

IT Manager (contract)

Cape Town CBD
Communicate Cape Town IT
R330 000.00 - R458 000.00 Per Year

HSE Manager

Cape Town
Tumaini Consulting
R550 000.00 - R650 000.00 Per Year

Reporting Accountant

Cape Town
Network Finance Professional / Prudential
R310 000.00 - R360 000.00 Per Year

Property [change area]

There are new stories on the homepage. Click here to see them.
 
English
Afrikaans
isiZulu

Hello 

Create Profile

Creating your profile will enable you to submit photos and stories to get published on News24.


Please provide a username for your profile page:

This username must be unique, cannot be edited and will be used in the URL to your profile page across the entire 24.com network.

Settings

Location Settings

News24 allows you to edit the display of certain components based on a location. If you wish to personalise the page based on your preferences, please select a location for each component and click "Submit" in order for the changes to take affect.




Facebook Sign-In

Hi News addict,

Join the News24 Community to be involved in breaking the news.

Log in with Facebook to comment and personalise news, weather and listings.