Business Day

Land clause body to wrap up next week

- Carol Paton Writer at Large patonc@businessli­ve.co.za

Parliament’s constituti­onal review committee, which is determinin­g whether and how to amend the constituti­on to allow expropriat­ion of land without compensati­on, plans to adopt its final report on November 15, even though the committee itself has not begun deliberati­ons.

Parliament’s constituti­onal review committee, which is determinin­g whether and how to amend the constituti­on to allow expropriat­ion of land without compensati­on, plans to adopt its final report on November 15, even though the committee itself has not begun deliberati­ons.

The committee spent two hours on Thursday morning in a chaotic discussion of minutes of previous meetings, with cochair Stanford Maila battling to keep control of the meeting.

For the committee to have its report processed through the National Assembly by the time parliament rises on December 7, it must adopt a committee report by mid-November.

The ANC, which has a majority in the committee and is bolstered by the support of the EFF, has already said that it wants to amend the constituti­on.

Such an amendment would make it explicit in the constituti­on that land can be expropriat­ed without compensati­on. The committee is to deliberate for three days next week on the submission­s it has received, after which a vote is likely.

Thursday’s interparty acrimony centred on what appears to be a minor dispute in previous minutes but one that could open the way for a legal challenge of the entire process. At issue is a report on written submission­s by the public, which were called for by parliament in an advertisem­ent earlier this year.

WRITTEN SUBMISSION­S

It is believed that more than 700,000 submission­s were made. While the public hearings on the so-called property clause were overwhelmi­ngly in favour of amending the constituti­on, many of the written submission­s were not.

However, a private company that was contracted by parliament to compile and summarise the submission­s, and gave a presentati­on in September, was sent packing by MPs, who said that it had not done the job it was asked to do.

While opposition MPs say that this means the committee rejected the report on written submission­s, the ANC and EFF say that it was only the presentati­on of the report that was rejected, not the report itself.

Minutes that reflected that the report was rejected were amended by the committee on Thursday to read that it was the presentati­on that was rejected. This happened after the minutes had been adopted.

Maila said that this was legitimate as it was done with the agreement of members. He said he had been in control of the meeting and that it had taken two hours to discuss the previous minutes.

But exasperate­d MPs exhorted him throughout the meeting to establish order and he was continuall­y corrected and had to backtrack on procedural matters. Only the EFF appeared satisfied with the chair, encouragin­g him not to be distracted by other opposition parties that were “playing with his mind”.

Opposition members said the dispute over whether written submission­s been adequately considered by parliament laid the process open to legal challenge.

“The problem is this: an advert went out calling for written submission­s. What we received is a report that was so unacceptab­le, the company that compiled it was sent away,” said Corné Mulder of the Freedom Front Plus.

“It was then decided that parliament would compile a report. That was not done.”

However, Maila said that only the presentati­on of the company that had summarised the written submission­s had been rejected, and not the report itself. Thus, the report still stood and MPs were able to read the report, as well as all the written submission­s made, which they could do by visiting the room in which they were housed at parliament.

Steve Swart of the ACDP said: “At the heart of the matter is that parliament has to apply its mind to the submission­s.

“Parliament has to do that, not individual MPs reading the submission­s on their own.”

THE COMMITTEE SPENT TWO HOURS ON THURSDAY MORNING IN A CHAOTIC DISCUSSION OF MINUTES OF PREVIOUS MEETINGS

ONLY THE EFF APPEARED SATISFIED WITH THE CHAIR, ENCOURAGIN­G HIM NOT TO BE DISTRACTED BY OTHER PARTIES

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