Court fight to stop ‘flawed’ land report

AfriForum says it is fighting for the rule of law, but Parliament says battle is ill-advised and to gag citizens

AFRIFORUM has vowed to fight tooth and nail to stop Parliament from adopting its “flawed” report on the amendment of Section 25 of the Constitution to allow for expropriation of land without compensation.

The lobby group appeared before the Western Cape High Court where its application for an urgent application, to interdict Parliament’s Joint Constitutional Review Committee from adopting the report, was heard.

However, the matter was postponed to Thursday.

This is to allow both AfriForum and and Parliament to file heads of argument. The matter will be heard by a full bench.

AfriForum’s lawyer Willie Spies said should the lobby group fail in the courts, it will explore other avenues to ensure that a fair process is undertaken by Parliament.

“This is definitely just one battle within the struggle. It will be a continuing struggle, this is such an important issue.

“It is an issue about the rule of law in this country. If this goes the wrong way we will not take it lying down.

“We will have to carry on the legal battles, civil battle and international battle.

“We need to make sure that the rule of law in South Africa is upheld, and we don’t fall in the tracks of Zimbabwe and other countries,” said Spies.

In its court papers, the lobby group alleged that the views of many South Africans were not considered in the conclusion of the consultation process, and adopting the report.

It asks for the court to set aside the report and direct it back to the committee for further deliberation and consultations. “We are asking for the report by the committee which triggers the process of changing the Constitution to allow for expropriation without compensation to be set aside.

“Also, that it be referred back to the committee for proper deliberations and considerations of all input that were made.

“We ask for an interdict to stop Parliament from adopting that flawed report,” said Spies.

Earlier this year, Parliament instructed the committee to undertake a process to establish whether a review of Section 25 of the Constitution and other clauses is necessary to make it possible for the state to expropriate land in the public interest without compensation.

This month, the Joint Constitutional Review Committee adopted a resolution that Section 25 of the Constitution be amended to allow expropriation without compensation.

Parliament has hit back at AfriForum in its answering affidavit, labelling the lobby group’s stance as a delaying tactic and interference in the legislative processes.

Parliament has asked the court to dismiss or strike AfriForum’s application from the court roll with punitive costs.

Spokesperson for Parliament Moloto Mothapo said they believed that the application was ill-advised, abusive to the court processes and premature and intended to gag Parliament and thousands of South Africans who expressed their views through the public participation process.

If this goes the wrong way we will carry on the legal, civil and international battle. We don’t want to

fall like Zimbabwe WILLIE SPIES AfriForum lawyer