ARTICLE: USE THE POWERS YOU POSSESS
2018-09-12
The Joint Constitutional Review Committee was set up in the aftermath of the 27 February 2018 resolution in the National Assembly on expropriation without compensation (EWC).
The Joint Constitutional Review Committee was set up in the aftermath of the 27 February 2018 resolution in the National Assembly on expropriation without compensation (EWC).
The South African Human Rights Commission (SAHRC) recently published its 2017/18 Equality Report (the Report), which was submitted to Parliament. This has probably not attracted much attention, due to processes around expropriation without compensation (EWC), the Zondo State Capture Commission of Inquiry and other current news. One exception was the Solidarity Movement. They announced that the Report means that the country’s affirmative action legislation is unlawful and does not comply with international requirements. Solidarity is to approach the Courts for a declaratory order to clarify how employers and the Department of Labour should handle the situation until the law (as proposed by the SAHRC) is amended.
The Zondo and Nugent Commissions of Inquiry will in the next few weeks and months drill down, hopefully hard, on the extent of State capture and the sorry state of affairs at the revenue collection agency.
The last week’s developments on the land and expropriation without compensation (EWC) debate were, to say the least, interesting. Firstly, there was the “toenadering” between the ANC and South African agriculture (Agri SA and Agbiz), and then we heard President Ramaphosa answer questions in Parliament on the subject. In comparison to last week, some farmers and business people are breathing much easier today. From “we will give our people the land back that was stolen from them, without compensation to the thieves” a mere few months ago, to “we will never expropriate productive agricultural land” last week, is quite a jump. One does imagine that the EFF and the Zumaites in the ANC are slightly worried about this change in message. Was this a turn-around on land and EWC, or merely a spin-around?
Now that we know the ANC will support an amendment of section 25 to enable expropriation without compensation (EWC), the question is, what potential changes can be proposed? There are views that together, the ANC and the EFF will get a comfortable two-thirds majority, and be able to change section 25 “as they like”. There are others who believe that any change to section 25 will require not only a two-thirds majority but because property rights are so central to economic prosperity and the achievement of other individual rights such as dignity, any change to section 25 will require a 75% majority. Where lies the truth?
When Deputy Chief Justice Raymond Zondo and his fellow commissioners commence work on 20 August 2018 in Parktown, Johannesburg, all eyes will be trained on them.
When Deputy Chief Justice Raymond Zondo and his fellow commissioners commence work on 20 August 2018 in Parktown, Johannesburg, all eyes will be trained on them.
The contagion effect of the Zuma ignominy continues to cut deep across swathes of South Africa’s political and economic society, nevermind the lasting damage to social relations and cohesion in the country.
President Ramaphosa’s late night statement of 31 July is now well-read and known. It has been criticised, lauded and discussed in detail. The issue of why the statement was delivered at that time, and whether there was a good reason to do it, despite the Parliamentary review process being ongoing, lies in the realm of political commentary. As a Foundation with a mission of protecting and promoting the Constitution, we must take the statement and its intention on face value and point out what its consequences are and could be. In the Foundation’s statement of 1 August we have already commented on the statement’s unacceptable procedure that undermined the parliamentary process and the independence of the SABC.