Cherry-picking the constitution
IWAS amused at how quickly the EFF was to criticise the ANC leadership for not abiding by provisions of the constitution and yet has “expropriation of land without compensation” as one of its “non-negotiable policies” – something clearly unconstitutional.
Since the ANC’s humbling in the recent election, the EFF’s commander-in-chief, Julius Malema, is reported to have said: “We warned them (the ANC) about playing with the constitution. Now they say the EFF is their natural ally when they were beating us up in Parliament.” (Natasha Marian, Business Day Live, August 5); and “Don’t play games with the constitution, the constitution is dancing now” (Tshidi Madia, News24, August 5).
I’m not a constitutional law expert. I’m not even a lawyer. But the protection of property rights is clearly, and adequately, enshrined in Section 25 of the constitution.
It has nine sub-sections which deal with matters of equity, fairness and specifically with the expropriation of land, when such expropriation is done in the public interest – with “public interest” being defined as including action taken in pursuance of South Africa’s “land reform policy”.
However, the section, very importantly, requires that “just and equitable” compensation be paid to the party being dispossessed of such land.
I find the proposition of expropriating land, without paying compensation, completely unjust and inequitable.
It surprises me that many of my compatriots do not.
How can it be, for example, just and equitable that a person who decides to buy a farm, on which to farm, is subsequently deprived of his land (without being paid compensation)? While another person, with the same wealth and annual income as the first, can rent a luxury flat and spend his money on fast cars, etc, but does not suffer the same “punishment” as the farm owner?
People need to be reminded that our constitution comes as a complete package, and is not something that one can “cherry-pick” – that is, abide by the provisions you like and ignore the provisions you don’t like. ROBIN MUN-GAVIN
Berea