Parliament to oppose AfriForum’s court application

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Advocate Thembeka Ngcukaitobi and State Attorney Gwen Selowa will represent Parliament to oppose lobby group AfriForum’s court application again the institution’s Constitutional Review Committee.

AfriForum has approached the High Court in Cape Town to set aside the Committee’s report on amending section 25 of the Constitution to allow for land expropriation without compensation.

It also wants the debate on the report to be stopped, pending the outcome of a judicial review of the committee process.

Parliament’s responding papers have been submitted to the High Court and Parliament has confirmed that State attorney Selowa will work along with Ngcukaitobi to oppose AfriForums’ court bid.

Ngcukaitobi, author of the booked titled “The Land is Ours,” will lead the battle between AfriForum and Parliament in Court on Monday.

In the responding papers, Parliament argues that AfriForum’s application is premature as the committee report adoption is not yet final.

Parliament says AfriForum should not be granted interim relief for various reasons.

It argues that AfriForums’ challenge to land reform is pre-emptive and its court application is a gagging order to the extent that it has the potential to permanently halt the process.

It further argues that the lobby group’s application is an abuse of process.

Read court papers for the parties below: