DA, AfriForum and IRR Return to Western Cape High Court to Challenge Expropriation Act
- The DA, AfriForum and the Institute of Race Relations brought their legal challenge against the Expropriation Act back to the Western Cape High Court
- The applicants argue Parliament bypassed constitutional procedures and that zero-payout expropriation violates property rights protections
- President Ramaphosa, the Minister of Public Works and senior parliamentary officers are named as respondents in the high-stakes case
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WESTERN CAPE — The Democratic Alliance, civil rights organisation AfriForum, and the Institute of Race Relations have returned to the Western Cape High Court in a bid to strike down key provisions of the Expropriation Act.
Named as respondents in the constitutional challenge are President Cyril Ramaphosa, the Minister of Public Works, the National Assembly, the Speaker of Parliament, and the Chairperson of the National Council of Provinces.
Two legal arguments at the centre of the case
The applicants are pursuing their case on two distinct grounds. First, they contend that Parliament failed to comply with established constitutional procedures when passing the legislation. Second, they argue that permitting state entities to acquire property for zero or nominal compensation is fundamentally incompatible with property rights protections enshrined in the South African Constitution.
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AfriForum Chief Executive Kallie Kriel confirmed that the organisation's legal team is focused on preventing zero-payout land acquisitions, citing the broader risk such provisions pose to private ownership and the wider economy.
DA leader Geordin Hill-Lewis argued that reversing historical land inequality should be achieved by granting secure property titles to more South Africans, rather than by reducing overall property security. Hill-Lewis maintained that weakening ownership protections would harm ordinary citizens rather than address the injustices of the past.
ANC defends the act
The African National Congress has pushed back against the legal challenge, defending the Expropriation Act as a necessary legal instrument. The party argues the legislation provides a framework for acquiring land in the public interest and remains central to South Africa's land reform agenda.
The dispute exposes a significant ideological divide within the Government of National Unity, where the DA and ANC find themselves on opposing sides of one of the country's most contested policy questions. The outcome of the Western Cape High Court proceedings is expected to have far-reaching consequences for land ownership, investment security, and the constitutional boundaries of the state's expropriation powers.
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Source: Briefly News
