Parliament to oppose AfriForum court application to interdict land discussion
21 November 2018
Parliament will be opposing the application from AfriForum to have the report of Parliament’s joint Constitutional Review Committee on amending section 25 of the Constitution set aside.
Earlier this year, both Houses of Parliament – the National Assembly and National Council of Provinces – 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.
The committee adopted its report in favour of amending this section of the Constitution on Thursday, 15 November. Specifically, the committee has recommended that section 25 of the Constitution be amended to make it explicitly clear that expropriation of land without compensation by the state in the public interest should be one mechanism to address the injustices of the past, inflicted on the majority of South Africans.
The adoption of this report followed an extensive series of public hearings from 26 June to 4 August.
Thousands of South Africans came to these hearings held in several localities in each of the nine provinces. They came to join the national conversation about land and its role in building our democracy and redressing the wounds of our past. The committee also held workshops and discussions at Parliament.
The committee will present its report to both Houses of Parliament. Members of Parliament will engage in further debate at these sessions in which the report is considered.
The inquiry which the Constitutional Review Committee undertook will be remembered as one of the most consultative, participatory processes of our democracy – outside of our regular non-racial elections.
The process which the committee has now completed is in keeping with the responsibilities which our Constitution demands of Parliament as the legislative authority of our republic.
Issued by Moloto Mothapo on behalf of Parliament of South Africa, 21 November 2018