Parliament, AfriForum in court battle

PARLIAMENT is locked in a legal tussle with AfriForum in the Western Cape High Court today over amendments to the Constitution which seek to allow for the expropriation of land without compensation.

The national legislature is currently busy with the process, including public hearings to amend Section 25 of the Constitution.

But the legal fight between Parliament and AfriForum relates to the report that was adopted in 2018 by MPs on the expropriation of land without compensation process.

Chairperson of the Constitutional Review Committee Mathole Motshekga told the high court the application by AfriForum was baseless.

Motshekga, in his papers, argued that MPs were now involved in another process, including drafting a bill on amendments to the Constitution.

The ANC and the EFF have been pushing for Parliament to finalise the process of amending the Constitution this year.

This was after the DA and other opposition parties said the deadline on the expropriation of land without compensation should be moved to next year.

This led Speaker Thandi Modise to intervene and after consultation she decided that the process should be concluded this year.

In his papers, Motshekga further argued that the application by AfriForum has no merit, and the court should dismiss it.

“At the time of deposing to this affidavit these processes, which importantly fall under the auspices of a different Parliamentary committee to the joint constitutional review committee, and which furthermore has moved far beyond the content of the report is ongoing,” said Motshekga.

He added: “It demonstrates that the applicant’s relief is moot because Parliament has already adopted the report, the ad hoc committee has considered the report, among other things, and the ad hoc committee has published the Bill.”

According to Motshekga, the process has moved beyond the report.

AfriForum wants the court to declare the process unconstitutional and invalid. |