Issued by Ismail Joosub on behalf of the FW de Klerk Foundation, on 18/04/2024

The procedural irregularities surrounding the Bill’s passage through the NCOP raises serious concerns about the legitimacy of the legislative process, undermining democratic principles and disenfranchising millions of citizens to voice their opinion. The Constitutional Court has also held that should the NCOP make material changes to a law, this triggers the need for further public participation.

Amendments made to the C-list of the Bill lack transparency and fail to adequately incorporate stakeholder feedback. Mandates for voting on the Bill were hastily assembled, with certain provinces like Gauteng, Eastern Cape and Limpopo bypassing full provincial legislature involvement. Instead, decisions were made by legislative committees, effectively sidelining the voices of citizens and their elected representatives.

Such practices, exemplified by Gauteng’s eleventh-hour online meeting to finalise the mandate, circumvent established procedures, undercut proportional representation and disenfranchise thousands. These irregularities cast doubt on the legitimacy of the legislative process and undermine fundamental democratic principles.

“The Foundation emphasises the urgent need for a transparent and accountable legislative process that upholds constitutional principles and safeguards property rights. Any deviation from these principles risks plunging South Africa into economic turmoil and exacerbating social inequality”, says Ismail Joosub, the FW de Klerk Foundation’s Legal Officer.

The Foundation urges President Cyril Ramaphosa to exercise the powers the Constitution gives him to send this law back to Parliament for reconsideration, lest the law be declared unconstitutional due to these irregularities.