Business Day

Expropriat­ion challenge looms

As committee finalises report, opposition gears up for legal action against ANC and EFF bid to change constituti­on

- Bekezela Phakathi Parliament­ary Writer phakathib@businessli­ve.co.za

Opposition parties and the Institute of Race Relations are preparing to take legal action to stop the push by the ANC and the EFF to amend the constituti­on to clarify how land can be expropriat­ed without compensati­on.

Opposition parties and the Institute of Race Relations (IRR) are preparing to take legal action to stop the push by the ANC and the EFF to amend the constituti­on to clarify how land can be expropriat­ed without compensati­on.

Parliament’s joint constituti­onal review committee is finalising its report and recommenda­tions on whether a constituti­onal amendment is needed to ease such expropriat­ion.

The committee is due to conclude its work on Thursday and the issue will probably be put to the vote. With the ANC enjoying a majority in the committee and having secured the support of the EFF and the UDM, the vote will just be a formality.

The three parties say constituti­onal amendment is needed to address skewed land ownership patterns dating back to the colonial and apartheid eras.

The parties opposed to an amendment — the DA, COPE, IFP, Freedom Front Plus, and ACDP — have all said the review committee’s work so far was characteri­sed by several procedural flaws.

In the main, these parties question the way written submission­s were handled, and they say that former president Kgalema Motlanthe’s high-level panel report was largely ignored. In November, Motlanthe tabled a review of key legislatio­n in parliament.

His high-level panel proposed that, instead of amending the constituti­on the government use its expropriat­ion powers currently available more boldly.

Motlanthe’s panel also found that a lack of leadership and policy direction, corruption and inadequate budget were to blame for the country’s failed land reform.

The budget for land reform is less than 0.4% of the national budget. Of this, less than 0.1% is set aside for land redistribu­tion.

According to the constituti­onal review committee’s draft report, there was overwhelmi­ng support in the public-oral hearings for a constituti­onal amendment on expropriat­ion of land without compensati­on.

However, in terms of the written submission­s, the report indicates that 65% of valid submission­s were opposed to changing the constituti­on, while 34% were in favour of its amendment. About 450,000 valid written submission­s were received, yet only about 400 were analysed.

The EFF has argued that the numbers of written submission­s opposing the amendment would not be a factor when MPs draft the final recommenda­tions.

It said that “this is not a referendum, but about the quality of submission­s”.

ACDP MP Steve Swart said the committee clearly did not consider written submission­s, which meant it had failed to fulfil its constituti­onal obligation. The DA suggested that the amendment would not pass constituti­onal muster.

Freedom Front Plus MP Corné Mulder said: “The South African public and the internatio­nal community should take note that the process was a charade and therefore fundamenta­lly flawed.

“The decision to amend section 25 was already taken by the national executive committee [NEC] of the ANC and announced by President [Cyril] Ramaphosa on July 31 2018.”

The IRR said on Wednesday that it was briefing lawyers in preparatio­n for taking the “procedural­ly flawed work of parliament’s constituti­onal review committee on judicial review. The committee has a constituti­onal obligation to hear and heed what South Africans have said on the issue. The IRR is determined to ensure that it fulfils this obligation.

“The hundreds of thousands of submission­s, which people took the trouble to send in, must be fully taken into account, not effectivel­y relegated to the rubbish bin, as the committee currently seems intent on doing.”

THE PROCESS WAS A CHARADE AND THEREFORE FUNDAMENTA­LLY FLAWED. THE DECISION ... WAS ALREADY TAKEN

 ?? /Simphiwe Nkwali/Sunday Times ?? Use the law as it is: Former president Kgalema Motlanthe’s panel urged bolder use of existing legal powers rather than changing the constituti­on.
/Simphiwe Nkwali/Sunday Times Use the law as it is: Former president Kgalema Motlanthe’s panel urged bolder use of existing legal powers rather than changing the constituti­on.

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