Parliament’s answering affidavit to Afriforum’s High Court application to interdict land discussion
Parliament has filed an answering affidavit to AfriForum’s application to the Western Cape High Court to have the report of the joint Constitutional Review Committee on amending section 25 of the Constitution set aside.
In the affidavit, Parliament argues that AfriForum was deliberately trying to frustrate Parliament’s legislative processes. The report, which the committee adopted and will be referring to the National Assembly and National Council of Provinces for consideration, is an interim step, similar to a Bill. It is not final in effect. It may be accepted or it may not.
The committee embarked on an extensive public participation process – at public hearings in each of the nine provinces and meetings and workshops at Parliament. This is an additional pre-legislative step before the process of introducing a Bill. Thousands of South Africans joined the national conversation about land and its role in building our democracy and redressing the wounds of our past.
After a decision by Parliament, a Bill may be introduced. At that stage, Parliament will again invite further and full public comments, in terms of Parliament’s constitutional obligations.
In essence, AfriForum wants to interdict Parliament, at this stage, because it alleges the committee should have considered each submission, including those that it admits are duplicate submissions. The committee did not exclude any submissions except where those were enquiries, unrelated, blank or repeats. AfriForum does not deny that the committee has considered the substance of those duplicate submissions.
Parliament has asked the court to dismiss or strike AfriForum’s application from the court roll with punitive costs.
To read Parliament’s answering affidavit please click: https://www.parliament.gov.za/storage/app/media/Links/2018/November%202018/24-11-2018/sec%2025FILING%20NOTICE%20and%20ANSWERING%20AFFIDAVIT.pdf
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