The land-reformed debate has left confusion on ANC some
members says EFF should have been supported by the party on a matter that was
introduced on Tuesday.
ANC spokesman Zizi Kodwa has explained how this principle
was adopted by the party at the 2012 conference in Mangaung.
Kodwa said ANC MPs,”The party should have at least considered
and supported an EFF motion that was announced
on Tuesday for the amendment of section 25 of the constitution to allow for
expropriation without compensation.Section 25 of the constitution protects
private property rights and says land can only be expropriated subject to
compensation agreed to by the affected parties and subject to a decision or
approval by a court of law”.
“should have tabled a counter-motion that would not have
differed with the EFF's motion in principle, rather than opting for outright
rejection”,Kodwa added.
The party should have used this opportunity and quiet
honestly there is nothing wrong to say we present an alternative motion.We
should have just admitted that the EFF motion is in the same mark with our
thinking and articulation of land restitution and then speak to our positions.
"The ANC should start thinking out of the picture and
must never particularly in parliament, use numbers to engage because of
majority anyway, we’re going to outvote you .we must participate on power of
ideas."
Although Mthembu defended ANC MPs, saying the decision not
to vote with the EFF on the matter was correct as the motion was not in line
with ANC policy.
"If we did that outside of an ANC policy, prompted by
an EFF motion, we changed that policy and came up with the resolution that we
must amend the constitution to effect expropriation without compensation?
Everybody would have been correct to call for our recall."
The chief whip said people were free to challenge section 25
in court. "If it obstructs redress, by all means [change it], but have we
tested it in court? The constitution is a living document," said Mthembu.
Kodwa's statement echoed that of President Jacob Zuma, who
told the National House of Traditional Leaders on Friday that "black
political parties" needed to work together to secure the two-thirds
majority required to change the constitution to allow for land expropriation
without compensation.
The ANC resolution Kodwa was referring to calls for
"expropriation without compensation of land acquired through unlawful
means or used for illegal purposes having due regard for section 25 of the
constitution".
[The ANC] are trying to portray themselves as in favour of
radical economic transformation and cut the ground from under the feet of the
EFF
The radical approach to land restitution appears to be
gaining popularity within the party and indications are that senior party
leaders - including Zuma - will push for it at the party's policy conference in
June.
Senior ANC MP Mathole Motshekga, who is chairman of the
justice and constitutional development portfolio committee, said it would soon
be dealing with the constitutionality of the expropriation bill.
Mthembu had support from Tourism Minister Derek Hanekom, who
took to Twitter to say expropriation without compensation was not ANC policy.
Land reform expert Ben Cousins said the ANC's new-found
appetite to expropriate land without compensation was merely aimed at reviving the
party's political fortunes.
"It's in the context of the waning legitimacy of the
ANC under Zuma, particularly given the whole state capture controversy. They're
trying to portray themselves as in favour of radical economic transformation
and cut the ground from under the feet of the EFF," he said.
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