CONSTITUTIONAL COMMENTARY AND EVENTS

Veteran journalist, Karima Brown, recently mistakenly posted a message on an EFF media WhatsApp group, advising journalists to “keep an eye out” for a “Breakfast with the Elderly” planned for Wednesday, 6 March.  EFF leader, Julius Malema, responded angrily that Brown was not a journalist and implied that she must be “a mole” working for a security agency or for the ANC.  After he had published her telephone number in a Tweet, some of his followers viciously abused Brown – calling her “an Indian whore and b****”, and threatening her with rape and death, and her family with violence.

The attack on Brown follows similar EFF attacks on other journalists, including Ranjeni Munusamy, Max du Preez and News24 editor, Adriaan Basson. 

The Expropriation Bill was published on 21 December 2018, with a timeframe of 60 days for public comment. Its timing – when virtually the entire country was on holiday – and its compressed timeframe for comments, predictably arouse suspicion.

At face value, the Draft Bill seeks to amend the Expropriation Act of 1975, which is in contradiction of section 25 of the Constitution in respect of two key provisions. First, the Expropriation Act makes reference to “public purpose” only, while the Constitution references “public interest” and “public purpose”. Secondly, the Expropriation Act refers to “market value”, while the Constitution refers to “just and equitable” compensation. Market value is but one consideration in the determination of just and equitable compensation.