‘Pro­ce­dural flaws in land ex­pro­pri­a­tion mat­ter’

The Mercury - - NATION - SIYABONGA MKHWANAZI siyabonga.mkhwanazi@inl.co.za

THE BAT­TLE over the ex­pro­pri­a­tion of land with­out com­pen­sa­tion could be headed to the Con­sti­tu­tional Court af­ter some par­ties in Par­lia­ment threat­ened a le­gal chal­lenge.

The DA, Cope and Free­dom Front Plus warned yes­ter­day that fail­ure to fol­low proper pro­ce­dures in Par­lia­ment on the mat­ter would land the process in court.

But the ANC took is­sue with the op­po­si­tion par­ties, say­ing they would wel­come any court chal­lenge.

The ANC said they would not be de­terred in push­ing for the fi­nal­i­sa­tion of the re­port on the ex­pro­pri­a­tion of land with­out com­pen­sa­tion.

The fight in the Con­sti­tu­tional Re­view Com­mit­tee be­gan when the DA, Cope, African Chris­tian Demo­cratic Party and FF Plus said the process could not con­tinue un­less a re­port on the writ­ten sub­mis­sions was pre­sented.

In the re­port on the writ­ten sub­mis­sions, it was found that out of 449 000 sub­mis­sions, 65% of the peo­ple did not want the ex­pro­pri­a­tion of land with­out com­pen­sa­tion, while 34% sup­ported it. The other 1% were un­de­cided.

But the ANC and EFF said there was no need for the re­port as it had been tabled be­fore.

The DA’s Glyn­nis Breyten­bach warned that the ANC was flout­ing pro­ce­dural mat­ters, and said they would be found want­ing in court.

She was backed by Corne Mul­der of FF Plus, who said the process was un­fair as there was a mat­ter that had not been con­cluded by the com­mit­tee.

“If you want to amend the Constitution, you can’t af­ford to make one pro­ce­dural mis­take. You have made many,” he said.

Mul­der said the com­mit­tee had not al­lowed Par­lia­ment to make a pre­sen­ta­tion on the re­port on the writ­ten sub­mis­sions.

Breyten­bach said she agreed with Mul­der.

“I agree with Hon­ourable Mul­der. I want to un­der­line that this is an im­por­tant process.

“We can’t af­ford to make pro­ce­dural mis­takes. Pro­ce­dural er­rors will at­tract the set­ting aside of this process,” she said.

Breyten­bach also said there were only 400 000 writ­ten sub­mis­sions, while more than 700 000 sub­mis­sions had been made to Par­lia­ment.

The re­port in­di­cated that the other sub­mis­sions were in­valid.

Vin­cent Smith of the ANC said those who wanted to chal­lenge the Con­sti­tu­tional Re­view Com­mit­tee’s process in court should do so.

“There are those who are bent on slow­ing us down and tak­ing us to court.

“Let’s carry on with our work as the com­mit­tee, and those who want to go to court let them do so,” said Smith.

An­other ANC MP, Tekoetsi Mot­lashup­ing, agreed with Smith.

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