DA writes to Speaker calling for suspension of legislative process, following Parliamentary legal opinion that Expropriation Bill is unconstitutional

I will write today to the Speaker of the National Assembly, Baleka Mbete, asking her firstly, to explain why Parliament is currently processing the Expropriation Bill, when Parliament's own legal advisers have submitted a formal legal opinion stating that the legislation is unconstitutional; and secondly, to request that she suspend the legislative process pending the redrafting of the Bill in order to bring it in line with the Constitution. [Text of the letter is included below]

I was advised by Parliament's own legal advisers this week that the Expropriation Bill is unconstitutional - a view shared by a number of other constitutional and legal experts - and yet in spite of the formal opinion expressed by its own legal advisers, inexplicably, the Bill is still being bought before the House.

Even more disturbing is the fact that this legal opinion has neither been noted nor discussed in the Public Works Committee which is processing the Bill.

In terms of Section 44(4) of the Constitution, when exercising its authority, "Parliament is bound only by the Constitution, and must act in accordance, with, and within the limits of, the Constitution." As the Speaker of the National Assembly, Mbete is therefore duty-bound to ensure that the institution she heads meets its constitutional obligations.

By suspending the legislative process and requesting that the Bill be redrafted, the Speaker will not only ensure that Parliament lives up to its Constitutional obligations, but also save a whole lot of uncertainty and confusion amongst the public - who are deeply concerned about the ruinous implications of this Bill on the future protection of property rights in South Africa.

TEXT OF LETTER FROM MAANS NEL MP TO THE SPEAKER JUNE 24 2008

Ms. Baleka Mbete
The Speaker
National Assembly
Room E125
Fax: 021 461 9462

Dear Madam Speaker
REQUEST TO SUSPEND LEGISLATIVE PROCESS RELATING TO THE EXPROPRIATION BILL

I would like to bring to your urgent attention a number of concerns related to the Expropriation Bill currently being considered by Parliament.

I have been informed that Parliament's own legal advisers have submitted a formal legal opinion arguing that the Expropriation Bill is unconstitutional. Inexplicably, this opinion has not yet been presented or discussed in the Public Works Committee.

I respectfully submit that it would be highly inappropriate for Parliament to consider a piece of legislation which according to your own legal advisers' opinion is unconstitutional. This view is supported by Section 44(4) of the Constitution which states that:

"When exercising its legislative authority, Parliament is bound only by the Constitution, and must act in accordance with, and within the limits of, the Constitution".

As the Head of the legislative authority I am sure you will not want to allow Parliament to undermine this provision.

The Expropriation Bill in its current form could do more than any other piece of legislation ever considered by the democratic Parliament to undermine the Constitution's vision of a prosperous and free South Africa.

By acting to suspend the legislative process until the Bill is re-drafted in line with the letter and the spirit of the Constitution, you will not only be standing up for the supremacy of the Constitution, but also saving a vast number of South Africans a great deal of unnecessary uncertainty and confusion.

Given the fact that the progress of this Bill through the legislature is of profound public interest, you will understand the need for me to release this communication into the public domain.

I look forward to your response,

Kind regards

Yours sincerely

______________________
MAANS NEL MP
DEMOCRATIC ALLIANCE SPOKESPERSON ON LAND AFFAIRS

Statement issued by Maans Nel MP, Democratic Alliance spokesperson on land affairs, June 24 2008