Western Cape High Court dismisses AfriForum’s appeal

2 December 2020

The Western Cape High Court has dismissed, with costs, an application by AfriForum to appeal the judgment it handed down on 8 October 2020. The application sought to challenge the constitutionality of Parliament’s processing the review of Section 25 of the Constitution.

The court found that it was not in the interests of justice to grant the relief AfriForum sought as the matter was moot and no practical effect could be given to it. The process of amending Section 25 of the Constitution has moved far beyond the basis that formed AfriForum’s application and makes the relief it seeks of no consequence. Parliament had already considered and adopted the CRC Report, established an Ad Hoc Committee to Initiate and Introduce Legislation Amending Section 25 of the Constitution, and consequently published a draft Bill which is currently under consideration.

In dismissing the appeal application, the Court found AfriForum had failed to establish that there were any reasonable prospects that another court would come to a different conclusion.

The judgment once again affirms Parliament’s constitutional right to independently determine and conduct its business, without undue interference.

Issued by Moloto Mothapo, Media Officer, Parliament, 2 December 2020