27th May 2016
Hon J G Zuma
President of the Republic of South Africa
The Presidency
By e-mail: presidentrsa@presidency.gov.za, charmaine@po.gov.za
Petition to the Honourable J G Zuma,
Regarding the Expropriation Bill of 2015 [B 4D-2015]
The South African Institute of Race Relations NPC (the IRR) has closely followed the passage of the Expropriation Bill of 2015 [B 4D-2015] (the Bill) through the National Assembly and the National Council of Provinces.
It has also noted the National Assembly’s decision, made on 26th May 2016, to adopt the Bill with the minor amendments introduced by the National Council of Provinces.
The Bill is seemingly now ready for the president’s assent. However, the Bill is also inconsistent with the Constitution in various significant respects. In addition, the constitutional requirement for proper public consultation has not been adequately met. Moreover, necessary procedural requirements for its adoption by the National Council of Provinces were not sufficiently fulfilled, even though the Constitutional Court has stressed the importance of proper procedural compliance.
The Bill also has major ramifications for ‘customary law or the customs of traditional communities’. However, it has not been referred to the National House of Traditional Leaders for comment, as required under the Traditional Leadership and Governance Framework Act of 2003.
Under Section 79(1) of the Constitution of the Republic of South Africa of 1996, the president has an obligation, ‘if [he] has reservations about the constitutionality of a bill, to refer it back to the National Assembly for reconsideration’.
Given the unconstitutionality of the Bill itself, coupled with a lack of proper public consultation, the procedural flaws in its adoption by the National Council of Provinces, and the failure as yet to refer it to the National House of Traditional Leaders, the IRR respectfully petitions the president not to give his assent to the Bill, but rather to refer it back to the National Assembly for reconsideration.
In support of this petition, the IRR attaches its full Petition to the President, along with a Synopsis of this document. Also attached is an appendix to these documents, Appendix 1, which identifies the clauses in the Bill that need to be amended and proposes appropriate changes to these.
Should the president have any questions, or require any further information, please do not hesitate to contact me.
Yours faithfully,
Dr Anthea Jeffery
Head of Policy Research
