Parliament vs AfriForum in land battle

Committee hits back at organisation’s high court application against expropriation without compensation report

PARLIAMENT has filed court papers in response to an application by AfriForum to set aside a report on land expropriation without compensation, saying it is without any basis of urgency.

“The matter is not urgent. Any urgency on the part of AfriForum is self-created,” constitutional review committee co-chairperson Lewis Nzimande said.

“AfriForum fails to properly appreciate the joint constitutional review committee’s role in any potential amendment of the Constitution,” he said in an aswering affidavit.

AfriForum filed an application at the Western Cape High Court challenging the report of the joint committee on constitutional review.

The court action follows the adoption of the constitutional review committee which recommended the amendment of the Constitution to allow for expropriation of land without

AfriForum seeks to end parliamentary ability to consider an amendment to Section 25 Lewis Nzimande

compensation. In his answering affidavit, Nzimande said AfriForum has no right to interdict Parliament.

“The joint constitutional review committee report is an ‘interim report’ akin to a bill. It is not in effect,” he said.

Nzimande also said the High Court has no jurisdiction to hear the matter.

“Had AfriForum waited and sought to challenge the amendment to the Constitution, if one is passed, it may have been correct in attacking the amendment in the High Court with any confirmation proceedings to be held later in the Constitutional Court.”

Nzimande said the application dealt with conduct that falls squarely within the ambit of Parliament or the president.

“Given that AfriForum’s challenge, such as is, rests on the failure of Parliament to give effect to the right of public participation as contained in Section 59 of the Constitution, it is clear this matter falls within the exclusive jurisdiction of the Constitutional Court.

“I am advised that this is trite case law reflected by the precedent of that court in similar matters where Parliament proceedings and conduct have been challenged.”

Nzimande said the application should be struck off the roll with costs as it was before the wrong court.

“AfriForum seeks to use this urgent application to end parliamentary ability to consider, let alone approve, an amendment to Section 25.”

Far from being an urgent application, AfriForum sought to reverse the adoption of the constitutional review committee, he said. Nzimande accused AfriForum of seeking to frustrate legislative process.

“What AfriForum hopes to do is ‘steal a march’ on Parliament.”

He also took a swipe at the organisation for wanting to interdict parliamentary debate on the expropriation of land without compensation until the court made a ruling.

“It is not in the interest of justice that this court grant AfriForum any relief that will have the effect of denuding Parliament of its proper role in a constitutional democracy. This reason alone justifies the matter being struck from the roll with punitive costs. It is abuse of process.”

Nzimande said there was no irreparable harm to AfriForum. “It has alternative remedies available.”

AfriForum also filed an affidavit responding to Parliament, in which it maintained that the matter was urgent and that the committee did not follow proper procedure.

In its affidavit AfriForum said: “The use of a third party service provider’s report on submissions related to land expropriation without compensation constitutes a procedural irregularity that tainted the whole process. There were 176 780 duplicate emails captured by the third party service provider, and were excluded as duplicates. When considering the importance and implications of the proposed amendment to Section 25 of the Constitution the urgency of ‘this application cannot be doubted’.”

Yesterday Parliament said the committee had embarked on an extensive public participation process – at public hearings in each of the nine provinces and meetings and workshops at Parliament.

“This is an additional pre-legislative step before introducing a bill. Thousands of South Africans joined the national conversation about land and redressing the wounds of our past,” it said.

“After a decision by Parliament, a bill may be introduced. At that stage, Parliament will again invite further and full public comments.”