Parliament slams AfriForum land case

Right group wants land committee report declared unlawful; counter-argument is it is trying to ‘steal a march’

PARLIAMENT says AfriForum’s court challenge to a report on land expropriation without compensation is not urgent, is before the wrong court and seeks to “permanently hobble” its ability to amend the constitution.

This is according to the answering affidavit filed by Parliament in the Western Cape High Court.

Last week, AfriForum filed papers asking the court to declare the report of the joint committee on constitutional review as unlawful.

The court action follows the adoption of the constitutional review committee which recommended the amendment of the Constitution to allow for expropriation of land without compensation.

In his affidavit, constitutional review committee co-chairperson Lewis Nzimande said the matter was not urgent and that AfriForum had no right to interdict Parliament.

“Any urgency on the part of AfriForum is self-created. AfriForum fails to properly appreciate the joint constitutional review committee’s role in any potential amendment of the Constitution.

“The joint constitutional review committee report is an ‘interim report’ akin to a bill. It is not in effect,” he said.

Nzimande also said the high court had no jurisdiction to hear the matter.

“Had AfriForum waited and sought to challenge the amendment to the Constitution, if one is passed, it may have been correct in attacking the amendment in the high court with any confirmation proceedings to be held later in the Constitutional Court.”

Nzimande said the application dealt with conduct that fell squarely within the ambit of Parliament or the president.

“Given that AfriForum’s challenge, such as is, rests on the failure of Parliament to give effect to the right of public participation as contained in Section 59 of the Constitution, it is clear this matter falls within the exclusive jurisdiction of the Constitutional Court.

“I am advised that this is trite case law reflected by the precedent of that court in similar matters where Parliament proceedings and conduct have been challenged.”

Nzimande further argued that Afriforum wanted to “end” Parliament’s ability to consider, let alone approve, an amendment to Section 25.

Far from being an urgent application, AfriForum was seeking to reverse the adoption of the constitutional review committee, he said.

“What AfriForum hopes to do is ‘steal a march’ on Parliament.”

He also took a swipe at the organisation for wanting to interdict parliamentary debate on the expropriation of land without compensation until the court made a ruling.

“It is not in the interest of justice that this court grant AfriForum any relief that will have the effect of denuding Parliament of its proper role in a constitutional democracy. This reason alone justifies the matter being struck from the roll with punitive costs. It is abuse of process.”

Nzimande said there was no irreparable harm to AfriForum. “It has alternative remedies available.”

AfriForum also filed an affidavit responding to Parliament, in which it maintained that the matter was urgent and that the committee did not follow proper procedures.

In its affidavit, AfriForum said: “The use of a third-party service provider’s report on submissions related to land expropriation without compensation constitutes a procedural irregularity that tainted the whole process.

“There were 176 780 duplicate emails captured by the third party service provider, and were excluded as duplicates.

“When considering the importance and implications of the proposed amendment to Section 25 of the Constitution, the urgency of ‘this application cannot be doubted.’”

Yesterday, Parliament said the committee had embarked on an extensive public participation process – at public hearings in each of the nine provinces and meetings and workshops at Parliament.

“This is an additional pre-legislative step before introducing a bill. Thousands of South Africans joined the national conversation about land and redressing the wounds of our past,” it said.

“After a decision by Parliament, a bill may be introduced. At that stage, Parliament will again invite further and full public comments.”

AfriForum seeks to end parliamentary ability to consider an amendment to Section 25 Lewis Nzimande

Committee co-chairperson