Lobby Group Afriforum wants the High Court in Cape Town to stop Parliament from debating the Constitutional Review Committee’s report of amending Section 25 of the Constitution to make provision for the expropriation of land without compensation. Afriforum wants a judicial review of the whole committee process.
However, Parliament says it will oppose the court application.
Afriforum’s Lawyer Willie Spies has confirmed that court papers have been served on the National Assembly Speaker Baleka Mbete, National Council of Provinces (NCOP) Chairperson Thandi Modise and the Chairperson of the Joint Constitutional Review Committee. The report was expected to be debated in the National Assembly and the NCOP for final approval soon – after it was adopted at a committee level last week.
Spies explains why they are approaching the court:
“The basis for the application is broadly that the process that was followed by the committee is legally flawed, and as a result the court is approached for a judicial review of committee proceedings. Obviously Parliament cannot debate this issue if the review proceedings are pending, and on that basis we are asking the court for an order that Parliament should refrain from debating this issue until the court has had its time to scrutinise the matter to deal with the merits of this application.”
National Assembly House Chairperson of Committees Cedrick Frolick says Parliament is confident that the High Court will rule in the institution’s favour. He confirmed that papers have been served on the institution.
“Parliament has been informed late yesterday (Tuesday) evening that Afriforum have submitted an application to interdict the process around the constitutional review committee that was set up to look into the possible amendment of the Constitution. We will oppose the application, and our legal team is currently working on the matter that will probably be heard on Monday in the Western Cape High Court. We are very confident of a positive outcome for the institution.”
The African National Congress (ANC) in the Joint Constitutional Review Committee says it supports Parliament’s decision to oppose Afriforum’s bid to interdict it from processing the committee’s report in the two Houses. Vincent Smith calls it a delaying tactic, and pre-empting the decisions of Parliament.
“As the African National Congress we are absolutely behind Parliament in opposing it, because we think it’s a delaying tactic. We think there is no basis now to take it for an interdict because it’s pre-empting the process. And finally… the courts can’t determine the internal arrangements of Parliament. Parliament has given the CRC (Constitutional Review Committee) until end of November to go and do some work and report to it, and I can’t see how the court can stop that process from taking place. So we think it’s a delaying tactic and it must be defended at all costs.”
Smith says the ANC remains confident that the report will be successfully processed for final approval through the National Assembly and the NCOP.
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