AfriForum Heads to Court to Challenge Expropriation Act

• The civil rights organisation will challenge the constitutionality of South Africa’s law allowing expropriation without compensation
• AfriForum argues the act threatens fundamental property rights, with Ernst van Zyl calling the case “one of the decade’s most significant"
• Signed by President Cyril Ramaphosa, the new Expropriation Act replaces the 1975 law and sets out constitutional guidelines for when land may be expropriated

CAPE TOWN – Civil rights organisation AfriForum will appear in the Western Cape High Court on Monday to challenge the constitutionality of South Africa’s Expropriation Act.

Hearings, scheduled from 2 to 4 March 2026, will determine how parties can participate in the case, including who may join as respondents or applicants.

What is Afriforum's argument?

AfriForum intends to argue that the act, which allows for expropriation without compensation, undermines private property rights.

Ernst van Zyl, Head of Public Relations at AfriForum, described the case as one of the decade’s most significant, saying its outcome could shape the future of private property rights in South Africa.

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“Private property is under relentless attack from forces seeking to abolish this fundamental right. AfriForum remains steadfast in defending it against these agents of chaos,” Van Zyl said.

President signed the act into law

The Expropriation Act, recently signed into law by President Cyril Ramaphosa, replaces the pre-democratic 1975 Expropriation Act. It sets out how organs of state may expropriate land in the public interest, following a five-year public consultation and parliamentary deliberation process.

Presidency spokesperson Vincent Magwenya said the legislation aligns with the Constitution and ensures that property cannot be expropriated arbitrarily or for purposes other than the public interest.

"This law provides clear guidance for local, provincial, and national authorities on when and how expropriation may occur," Magwenya said.

The upcoming hearings will also clarify which stakeholders may participate in the case as either applicants or respondents.

Afriforum challenges act at the Pretoria court

Afriforum previously challenged the constitutionality of the bill, taking the matter to the Pretoria High Court. The president, Public Works Minister Dean Macpherson, National Assembly Speaker Thoko Didiza, and the National Council of Provinces (NCOP) chairperson, Refilwe Maria Mtshweni-Tsipane, are listed as respondents. While AfriForum’s first preference is for the entire Expropriation Act to be declared unconstitutional, the group has also made arguments for certain sections of the law to be declared unlawful.

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No clarity on Expropriation Act specifics

In a related article, the recently enacted Expropriation Act, signed into law on 23 January 2025, has raised significant concern among South Africans. The legislation allows land to be expropriated without compensation, provided it is deemed “just, equitable, and in the public interest.” Replacing the apartheid-era 1975 Expropriation Act, the new law has left many hoping that the president would clarify its implications during the State of the Nation Address, but no such guidance was offered. As a result, uncertainty persists, and speculation continues to grow.

Briefly News also reported that the Expropriation Bill has been a subject of extensive debate in South Africa, with various misconceptions contributing to widespread uncertainty. Briefly News gave an analysis intending to clarify key provisions of the Bill, address common concerns and outline its potential impact within the framework of the Constitution and existing legislation, writes advocate Kgalalelo Matabane.

Source: Briefly News