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COSATU Disappointed by Parliament’s Failure To Pass Section 25 Constitutional Amendment Bill

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LABOUR federation COSATU said on Wednesday that it was deeply disappointed by the National Assembly’s failure to pass the Section 25, Constitutional Amendment Bill.

While an outright majority of the National Assembly voted in favour of the bill’s adoption, it did not reach the two-thirds majority required for a constitutional amendment.

The ANC failed to muster the required two-thirds majority as neither the DA nor the EFF supported the amendment.

In the end, 204 MPs voted in favour of the bill and 145 against, with no abstentions. A total of 267 votes is required for a two-thirds majority. 

“COSATU applauds the pain-staking efforts of the African National Congress to draft a pragmatic and progressive Constitutional Amendment Bill that would have gone a long way to empower the state to expropriate land in support of land reform and address the legacies of apartheid and colonialism,” said COSATU in a statement.

“Countless public hearings were held across the length and breadth of South Africa. The overwhelming majority of submissions received by Parliament were in favour of the Bill’s adoption. The failure to adopt this long-delayed and balanced Bill rests upon the shoulders of the opposition parties, in particular, the Democratic Alliance and the Economic Freedom Fighters, who choose to place party needs above those of the country.”

The federation said the dispossession of millions of African, Coloured, and Indian families remains one of South Africa’s most enduring wounds.

“Its legacies continue to scar most cities and towns,” said COSATU.

“It condemns millions to live in overcrowded townships and informal areas. It deprives millions of adequate land to build homes, farm crops, and livestock and establish businesses. It means families are not able to hand down the property to their children and grandchildren. Until South Africa addresses this original sin, it will continue to struggle to become the non-racial nation that so many sacrificed so much for.”

COSATU said while was dismayed by the National Assembly’s failure to pass this progressive Constitutional Amendment Bill, it believes that this was not the end of the road.

“The Expropriation Bill is currently before the National Assembly. It is due to be voted upon in 2022,” said COSATU.

“It provides for the same powers and provisions enabling the government to expropriate land in support of land reform and addressing the legacies of apartheid and colonialism as in the Section 25 Constitutional Amendment Bill. If passed it can achieve the same progressive objectives.”

COSATU said it looked forward to Parliament’s adoption of the Expropriation Bill in 2022.

“The Expropriation Bill will not resolve all of the many land challenges facing South Africa on its own, but it will be a powerful mechanism for the government to accelerate the land reform processes which have been far too timid to date,” said COSATU.

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