Expropriation Bill riddled with procedural irregularity in NCOP

13 March 2024

As the unconstitutional Expropriation Bill slowly makes its way through the Committee of the National Council of Provinces, it has left a trail of material irregularities and disinterest in complying with proper procedures by the ANC-governed provinces.

In a Bill which is highly consequential to our nation, the voting mandates that are needed by each of the provinces to vote on the Bill have been slap dashed together, or worse, created out of thin air without any backing of the provincial legislatures. But it seems like some provinces, like Gauteng, Eastern Cape, and Limpopo, are rushing this process. Instead of the whole provincial legislature deciding, only committees within the legislatures are making the decisions.

For example, Gauteng had an online meeting at the eleventh hour in order to finalise the mandate and allegedly invoked a Rule in the Standing Orders which allows the Speaker on their own accord, to sign off the mandate without a form of resolution by the legislature. This goes against the very foundation of proportional representation and effectively removes the voices of tens of thousands of citizens whose public representatives have effectively been barred from proceedings.

The ANC knows that as long as 5 out of the 9 provinces vote in favour of this unconstitutional Bill, it does not need to ensure compliance with the remaining 3 provinces as they have already received the numbers. However, what this fatally flawed logic achieves, is removing the voices of potentially tens of millions of South Africans who are now unrepresented in Parliament – an action so fatally defective, that it will strike to the heart of the validity of the Bill.

These tactics show that the ANC is hell bent on bulldozing this legislation through Parliament before the election on 29 May 2024, to ensure it can use it as a cheap political tool to try and stave off their rapidly declining voter support. Like a rat trapped with nowhere to go, it will do anything and everything to survive

Issued by Tim Brauteseth, National Council of Provinces Spokesperson for Public Works, 13 March 2024