Opposition parties unite against Expropriation Act
Publish date: 27 January 2025
Issue Number: 1110
Diary: IBA Legalbrief Africa
Category: Land reform
President Cyril Ramaphosa's signing of the Expropriation Act has ignited fierce political opposition, with various parties threatening legal action, raising concerns about its impact on land reform and property rights. The Independent on Saturday says this new legislation – which emerged after a five-year process of public consultation and parliamentary deliberation – provides a redefined framework for land expropriation, emphasising the public interest and the principles of just compensation. The Act seeks to reshape land acquisition for public benefit by repealing the outdated Expropriation Act of 1975 that failed to reflect the democratic values of the Constitution. A Sunday Times report notes tensions are expected to come to a head when a Cabinet lekgotla meets this week, with opposition Democratic Alliance (DA) insiders complaining the party’s Ministers are ‘being treated as spectators’ in the government of national unity (GNU). DA leader John Steenhuisen on Saturday ruled out quitting the GNU, saying this would result in ‘consequences for governance’. But he said the DA might refuse to support the budget, which would undermine the progress that has been made in restoring investor confidence.
DA national spokesperson Willie Aucamp said the DA considered the signing of the Act as a matter of utmost seriousness. ‘It is a direct attack on the constitutional rights of South Africans. We have obtained a legal opinion that the Expropriation Act is unconstitutional. We will fight this dangerous legislation by every possible means, including in the courts,’ Aucamp said. According to The Independent on Saturday, he also said his party would not stand by as the government sought to undermine rights and erode the rule of law. Meanwhile, FF Plus leader Pieter Groenewald said his party would challenge the constitutionality of the law. ‘Should it be found unconstitutional, the FF Plus will do everything in its power as member of the GNU and Cabinet to have an amendment Bill issued to address the law's unconstitutionality,’ Groenewald said. He said the Act would seriously jeopardise SA's economy and stability. ActionSA parliamentary chief w3hip Lerato Ngobeni said the party was also considering legal action. Ngobeni said that while the Act repeals the outdated Expropriation Act of 1975 and establishes a framework aligned with our Constitution for property expropriation by state organs, its effectiveness hinges on genuine political will. ‘ActionSA believes that land reform is crucial for addressing historical injustices and must be expedited responsibly to safeguard property rights and maintain investor confidence.’ Ngobeni said the party opposed any constitutional amendments permitting expropriation without compensation and upheld the protection of private property rights as a fundamental economic tenet.
The Economic Freedom Fighters (EFF) said the Act failed to offer any meaningful change in addressing SA's land issue. National EFF spokesperson LeighAnn Mathys stated that the legislation lacked the radical transformation necessary to remedy historical injustices. She argued that the Act did not amend the underlying structure and nature of landholding in SA. ‘It would basically mean that only land that is of little value could be expropriated without compensation,’ adding that owners of land classified under these categories would still have the right to contest any expropriation attempts. The MKP also rejected the Act, stating that this legislation was a betrayal of the people's struggles for true land restitution. The Independent on Saturday adds the party's national spokesperson, Nhlamulo Ndhlela, said that by limiting land restitution to land dispossessed after June 1913, the Act deliberately entrenches the theft of land that began with the arrival of Jan van Riebeeck in April 1652.
