Parliament is set to oppose AfriForum\u2019s court application to have declared as constitutionally invalid Parliament\u2019s adoption of the Joint Constitutional Review Committee (CRC) report on the possible review of Section 25 of the Constitution.<\/p>\n
Parliamentary spokesperson Moloto Mothapo said Parliament\u2019s 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.<\/p>\n
\u201cThis is because the process of potentially amending Section 25 of the Constitution has moved far beyond the factual background underlying AfriForum\u2019s application and makes the relief it seeks of no consequence,\u201d Mothapo said in a statement on Tuesday.<\/p>\n
Mothapo said Parliament has already considered and adopted the CRC report, and this happened in December 2018 after the court dismissed AfriForum\u2019s application for an interim interdict to stop Parliament from adopting the report.<\/p>\n
\u201cThe court affirmed Parliament\u2019s 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,\u201d Mothapo said.<\/p>\n
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.<\/p>\n
\u201cThe 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\u2019s contention that this entire application has now become moot,\u201d Mothapo said.<\/p>\n