‘Procedural flaws in land expropriation matter’

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 that those who wanted to go to court over the process should do so.