Law: Land management bill does not pass constitutionality test
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The proposed Land Use Management Bill was weighed in Gauteng, found wanting and could not pass the constitutionality test. According to Solidarity’s Institute for Constitutional and Labour Law Studies, this is the reason for the withdrawal of this Bill. In July the Institute made a presentation to the parliamentarian Portfolio Committee on Agriculture and Land Affairs and delivered strong criticism against the proposed Bill, because of the unconstitutionality thereof.
The Executive Director of the Institute, Johan Kruger, welcomed the withdrawal of the Bill. He is of the opinion that the Bill was withdrawn because it could not pass the constitutionality test. “The proposed Bill is an unlawful interference by parliament in the exclusive functional powers of the nine provinces as set out in Schedule 5 of the Constitution,” explains Kruger.
The Institute believes that the proposed Bill is unconstitutional because it does not comply with the requirements of Article 44(2) of the Constitution, considering that none of the requirements for interference by parliament, as set out by Schedule 5 of the Constitution, are present.
Meanwhile Kruger, who also opposed the Expropriation Bill, says that the Institute in Gauteng will continue with its efforts to address unconstitutional issues to see to it that the principles of a free and fair South Africa are carried through.
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