The Democratic Alliance (DA) has filed a legal challenge against the recently signed Expropriation Act, arguing that the law is unconstitutional and grants the government excessive powers to expropriate property without compensation.
The party confirmed on Monday that it had filed papers in the Western Cape High Court on February 7, seeking to have the legislation nullified in its entirety.
This is expected to cause renewed tensions within the Government of National Unity, and after DA leader John Steenhuisen offered his support to President Cyril Ramaphosa to clear up any ‘misconceptions’ about the Act, which caused US President Donald Trump sign an Executive Order against South Africa.
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Legal Grounds for the Challenge
According to DA Federal Council Chairperson Helen Zille, the party’s court application is based on both procedural and substantive grounds.
“The process of adopting the Act did not conform to the Constitution,” Zille said in a statement. “Five out of the seven provinces that voted for the Act in the National Council of Provinces (NCOP) did so without obtaining a provincial mandate in the manner prescribed by law and regulations.”
Zille also criticized the Act for being “vague and contradictory” in several clauses, which, she argued, renders it unconstitutional.
Concerns Over Property Rights and Government Powers
The DA has long opposed expropriation without compensation, citing concerns over property rights and historical abuses of similar laws.
“We have not forgotten that the apartheid government used similar powers to forcibly remove communities from their land, often with inadequate compensation or none at all,” Zille said. “True redress requires protecting property rights and ensuring that no government is ever given unchecked expropriation powers again.”
The Act, which was signed into law in December 2024, was approved despite concerns from Minister of Public Works and Infrastructure Dean Macpherson. According to Zille, Macpherson provided President Cyril Ramaphosa with a legal opinion warning that the Bill contained constitutional flaws.
Political Ramifications and Coalition Tensions
The DA has accused the African National Congress (ANC) of pushing the Act as part of its long-standing policy objectives. The party claims the law aligns with the ANC’s 2017 elective conference resolution to enable expropriation without compensation.
However, Zille noted that the ANC is now in a coalition government and no longer has unilateral control over policymaking.
“The ANC is bound by a signed Statement of Intent for a coalition with the DA,” she said. “This means they cannot simply proceed to implement resolutions of ANC elective conferences as though they won a majority.”
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The Road Ahead
The DA argues that South Africa already has sufficient land reform legislation, including the Restitution of Land Rights Act and two Land Reform Acts, which allow for restitution with fair compensation.
Zille stated that the Expropriation Act expands state powers beyond what is internationally accepted and warned that the DA would fight against any attempts to “smuggle in” further powers of expropriation without compensation.
With the legal challenge now before the courts, the dispute over the Expropriation Act is expected to fuel renewed political and legal debate.
