COSATU statement on the president’s decision to send back the Expropriation bill
26 July 2016
The Congress of South African Trade Unions has noted the South African president’s decision to send back the Expropriation Bill back to parliament for advice, from both the Speaker of the National Assembly and the Chairperson of the National Council of Provinces, on the procedures followed in passing the bill. This follows concern that some procedures that were followed to pass the bill were inconsistent with the Constitution.
The federation accepts and understands the reasons behind this decision, and we are hoping that Parliament will give clarity and also sort out any objectionable procedural matters that have arisen. The federation is also urging the National Assembly to ensure that everything is done within the ambit of the law ,because we do not want to see vexatious litigants like the DA, SAIRR, FMF or Helen Suzman Foundation, using some legal loopholes to kill or water down this bill. Parliament must dry up the swamp in which these organisations feed and breed.
COSATU strongly believes that all laws must be in line with the progressive and transformative provisions of our democratic constitution; and we are of the view that this Act will easily pass the scrutiny of the Constitutional Court. In fact we encourage the National Assembly and the NCOP to comprehensively respond to the president ,so that they can expose the fallacies of the DA, SAIRR and FMF once and for all on this issue.
This Act is in line with both our democratic Constitution and in fact international norms in many countries , including the United States, Europe, Japan etc. Their objections are devoid of facts, logic or honesty. Opponents of this progressive Act, have exposed their inherent opposition to transformation. This Act empowers government to utilise expropriation as a means to fast tracking land reform and address the legacy of apartheid. Clearly these defenders of the status quo are singing for their supper and protecting their ill-gotten gains.
The Act clearly provides for access to courts which guarantees the legal rights of all affected parties. It further provides clear time frames to overcome the current problems where expropriation cases are deliberately delayed in perpetuity by the wealthy.
The new Valuer General will help guarantee that public funds are no longer looted by unscrupulous wealthy owners through exorbitant compensation claims as we saw through the R800 million paid for the Mala Mala Game Reserve two years ago.
These organisations have been very disingenuous in dealing with this process from the start because all property owners will benefit from the checks and balances and legal protections and certainties provided for in the Act. Their self serving hysteria and over the top objections have exposed the power and the subsequent destructive nature of business funded lobby groups.
They have made a living out of bashing this democratic order with no concern as to the lack of merit in their whining, or the damage their false attacks are doing to the reputation of South Africa. It is a legal and an undeniable fact that the Expropriation Act is in line with the Constitution and protects the interests of both the public and sufficiently empowers government to deliver upon its mandate.
Anytime our government pushes forward with the progressive policies or legislation that will benefit the majority, they { DA, SAIRR and FMF} hysterically object and engage in a smear campaign that paints South Africa as a rogue nation with no respect for the law. We call on the people of this country to unite and close ranks and not allow the myopic hysteria and blackmailing tactics of these business funded lobbyists to succeed.
Issued by Sizwe Pamla, National Spokesperson, COSATU, 26 July 2016
