The High Court in Cape Town has dismissed lobby group AfriForum’s urgent application to interdict the debate of the Constitutional Review Committee’s report into land expropriation without compensation. The second part of AfriForum’s application – to have the public participation process reviewed – will be heard in the same court at a later date.
This means the debate on the report will proceed on Tuesday in the National Assembly and the National Council of provinces, where the report will be brought for final approval.
This is how Judge Vincent Slandhana handed down the order for the first part of the court case.
“As we indicated we will hand down an order this morning with reasons to follow in due course. This is the order: 1. The relief sought by the applicant under part A is dismissed. 2. The issue of cost stand over to be determined in the proceedings under part B. If such proceedings are not pursued, the cost of part A will be determined by the court. 3. The parties may between themselves set a time-table with regard to the proceedings under part B and may approach either the judge president of this division or this court to make such time-table an order of court. Thank you the order is then handed down and thank you very much for your attendance.”
AfriForum had sought interim relief from the court to halt a debate on the Constitutional Review Committee report pending the outcome of a judicial review of the committee proceedings.
It said close to 180 000 written submissions were excluded from the process.
The committee recommended that section 25 of the constitution be amended to allow for the expropriation of land without compensation.