The EFF has been claiming credit for the rush to change the Constitution to facilitate expropriation of land without compensation, but the ANC has poured cold water on its hopes that a constitutional amendment Bill will be passed before next year’s elections, notes Legalbrief.

The ANC conceded yesterday – just hours after the Joint Constitutional Review Committee voted to make changes to section 25 of the Constitution relating to property ownership – that the change will only take place in 2019, despite an EFF call for the amendment to be passed during the current parliamentary sitting.

This, points out Business Day, leaves the possibility that it might not happen at all if the parties fail to win enough votes to secure a two-thirds majority between them. The vote was carried 12-4 on the back of ANC numbers on the committee, supported by the EFF and UDM.

The text of the resolution stated that ‘Parliament must table, process and pass a constitutional amendment Bill before the end of the fifth democratic Parliament in order to allow for expropriation without compensation’. However, according to TimesLIVE, ANC MP Vincent Smith said later they would change the wording before presenting it to a full sitting of the National Assembly because it would be impossible to pass the amendment before next year’s election or the dissolution of the current Parliament.

Despite complaints by opposition parties, who cited procedural flaws, Smith said he was confident the matter was handled properly, adding that there was no need to refer it to the Constitutional Court before it was passed by Parliament.

‘The ANC is of the view that we can’t outsource our responsibility to the judiciary. We as politicians must take this political decision on whether we amend the Constitution and those who want to take it court should take it to court.’

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