CONSTITUTION SECTION 25 AMENDMENT PROCESS: UPDATE

Parliamentary legal adviser Charmaine van der Merwe was instructed last Wednesday, 13 November, to begin drafting the necessary Constitution Amendment Bill. Her work will be underpinned by themes that emerged during a constitutional dialogue on land reform held by the ad hoc committee to which she reports on this matter. On Wednesday 13 November, political parties represented in the committee were given two days to comment on Van der Merwe’s presentation on these themes.

Contrary to the opening sentence of a DA media statement issued on 15 November, political parties were not required to meet a ‘deadline’ that very day for submitting their input on ‘the draft section 25 amendment Bill’. No such document exists. There appears to have been a misunderstanding, despite the final sentence of a committee press release on Wednesday’s meeting clearly giving political parties ‘until Friday (that week) to make further submissions, if any, on the themes of the constitutional dialogue’. This misunderstanding was communicated more widely in last Saturday’s edition of The Star.

Both the DA’s statement and The Star leave nobody in any doubt about the leading opposition’s position on amending the Constitution to more explicitly provide for land expropriation without compensation, Unfortunately, however, they have misinformed the public on the process being followed by the committee.

Anyone questioning the accuracy of this account of last week’s events should listen to a Parliamentary Monitoring Group sound recording of the meeting, which is freely available to members of the general public.