By Lehlohonolo Lehana.
The National Assembly failed to pass the amendment to Section 25 of the Constitution to allow for expropriation without compensation on Tuesday.
This was after political parties took to the National Assembly on Tuesday to vote on whether to amend Section 25 of the Constitution to allow for land expropriation without compensation.
A report by the Ad Hoc Committee on Legislation Amending Section 25 of the Constitution was adopted earlier this year, paving the way for a debate and a vote by MPs.
The African National Congress (ANC) made lengthy submissions before the house, arguing in favour of the Bill.
Al Jama-ah voted with the ANC, adding a single vote to the governing party’s 200 votes.
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.
The Democratic Alliance, Economic Freedom Fighters, Inkatha Freedom Party, Freedom Front Plus, African Christian Democratic Party, the Good Party and the Congress of the People are among the parties that voted against the controversial Bill.
There were no abstentions and with the pushback from the opposition benches, no majority was obtained.
While the Constitution has been amended 17 times, this is the first time in history that a clause in the Bill of Rights was being considered for amendment.
DA MP Annelie Lotriet said the Constitution and Section 25 were not stumbling blocks in the way of land reform.
“Creating uncertainty around property rights goes counter to the rule of law,” she said.
“There is no need to amend Section 25, and this bill falls foul of the Bill of Rights.”
Economic Freedom Fighters (EFF) leader Julius Malema rejected the bill accusing the ANC and parliament of being controlled by their handlers.
Malema said: “This process is a failure. The ANC is completely captured by white monopoly capital and it will not do anything in its power to return the land to its rightful owners.”
“They must take it upon themselves to reclaim which was stolen from them and the EFF will be fully behind them when they engage in that struggle of taking back the land that was stolen from them by children of criminals,” he said.
On Monday, the ANC caucus, in an unusual step, issued a communiqué on its position ahead of the debate, perhaps anticipating the outcome of the vote.