The IRR (Institute of Race Relations) has petitioned President Jacob Zuma not to give his assent to the Expropriation Bill of 2015 (the Bill) – passed in parliament last week but now awaiting Zuma’s signature –
but rather to refer it back to the National Assembly for reconsideration.
“A better bill – one which allows expropriation in appropriate circumstances but also has constitutionally compliant safeguards against any abuse of this power – can easily be crafted,” said the IRR’s Dr Anthea Jeffery.
She pointed out that many of the clauses in the Bill were inconsistent with the Constitution. There were also serious procedural shortcomings in the Bill’s passage through the National Council of Provinces – even though the Constitutional Court had previously stressed the need for proper procedural compliance in adopting legislation.
“Proper public consultation on the Bill has also been lacking, despite the constitutional requirement for this,” said Jeffery, adding that under Section 79(1) of the Constitution, the president had an obligation, ‘if he has reservations about the constitutionality of a bill’, to refer it back to the National Assembly for reconsideration, rather than sign it into law.
“Given the various ways in which the Bill contradicts the Constitution, Parliament should never have adopted the measure in its current form. It should also have ensured full public participation and proper procedural compliance. It now falls to President Zuma to rectify these failings,” commented Jeffery.
