Expropriation draft bill finalised
THE parliamentary committee mandated to amend the Constitution to allow expropriation of land without compensation yesterday agreed on a draft bill to be published in the government Gazette next week.
This comes after the ANC insisted that parties make their proposals on an initial draft prepared by the parliamentary legal services on the basis that it had been agreed on at the committee’s previous meeting.
The ANC’s Dibolelo Mahlatsi said those who might not have had an opportunity to discuss it with their caucuses would still be allowed to submit their proposals during the public participation process.
Committee chairperson Mathole Motshekga said the plan was for parties to file their submissions, and that those who were ready should do so.
“The good thing is that even for those who are not ready, there is an opportunity for them to give their input at a later stage,” Motshekga said.
The ACDP’s Steve Swart said his party would engage in the process and that they wouldn’t make proposals yesterday.
“We understand that the legislative process is ongoing,” Swart said.
The bill provides for the national legislation to set out specific circumstances where a court could determine expropriation without compensation.
The opposition wanted the circumstances clearly spelt out in the Constitution.
The Freedom Front Plus’s Corné
Mulder noted with concern that the ANC was rushing to get the draft bill finalised for publication in the Gazette.
He also noted that the committee operates in a strange fashion and that he was told at the meeting about making submissions.
“I was never asked to bring submissions. You can check the minutes, there are no minutes,” Mulder said.
The ANC’s Regina Lesoma said the ANC’s submissions made yesterday did not mean there would be no further engagements.
Motshekga said they were not ambushing anybody but were being transparent and circulated their submissions to empower the legal services in drafting the bill.
“No one should be afraid that any point they raise will not be considered by this committee,” he said.
He added: “We are to ensure all views are tested here, and also by members of the public in line with our democracy which is participatory and representative.”
Meanwhile, parliamentary legal adviser Charmaine van der Merwe sought to allay the fears of MPs on the advertisement of the draft bill and seeking public comments during the festive season.
Van der Merwe said it was a requirement for both houses of Parliament to facilitate public participation.
She said the programme that was adopted by the committee envisaged two separate publications of the bill, with one published this month in the government Gazette and another in newspapers on January 6.
“There is definitely a long period after the festive season for people to comment,” she said.
Van der Merwe also pointed out that the committee could also extend the deadline for submissions depending on the interest of the public.
“At this time the requirement of the Constitution and rules will be complied with, and the festive season has been taken into account,” she said.