Parliament is set to oppose AfriForum’s court application to have declared as constitutionally invalid Parliament’s adoption of the Joint Constitutional Review Committee (CRC) report on the possible review of Section 25 of the Constitution.
Parliamentary spokesperson Moloto Mothapo said Parliament’s basis for opposing the application, which is scheduled for hearing at the Western Cape High Court on Wednesday, is that the relief AfriForum is seeking has become moot.
“This is because the process of potentially amending Section 25 of the Constitution has moved far beyond the factual background underlying AfriForum’s application and makes the relief it seeks of no consequence,” Mothapo said in a statement on Tuesday.
Mothapo said Parliament has already considered and adopted the CRC report, and this happened in December 2018 after the court dismissed AfriForum’s application for an interim interdict to stop Parliament from adopting the report.
“The court affirmed Parliament’s constitutional right to independently determine and conduct its business, without undue interference. Subsequent to the adoption of the CRC report, Parliament has established an Ad Hoc Committee to initiate and introduce legislation amending Section 25 of the Constitution,” Mothapo said.
As it is now public knowledge, Mothapo said, the Ad Hoc Committee has since considered the matter and, among other things, published a draft Bill.
“The Bill aims to amend the Constitution to provide that where land and improvements on it are expropriated for purposes of land reform, compensation payable may be nil. In this context, it is Parliament’s contention that this entire application has now become moot,” Mothapo said.