Ramaphosa's Legal Team Defends Expropriation Act in Western Cape High Court
- President Cyril Ramaphosa's senior counsel argued the Expropriation Act is constitutionally sound and central to land reform
- The court challenge was brought by the DA, AfriForum, the IRR and the Vaderland Stigting, who oppose the Act's compensation provisions
- Advocate Ngwako Maenetje told the court that nil compensation could be justified under specific circumstances
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WESTERN CAPE — President Cyril Ramaphosa's legal team has taken the stand in the Western Cape High Court to defend the Expropriation Act, presenting arguments that the legislation is constitutionally sound and essential to advancing land reform in South Africa.
Senior counsel for the president, Advocate Ngwako Maenetje, presented the presidency's case on Tuesday, 5 August, following the conclusion of arguments by the organisations contesting the Act. Those organisations include the Democratic Alliance (DA), AfriForum, the Institute of Race Relations (IRR), and the Vaderland Stigting.
Presidency argues land reform is a constitutional imperative
Maenetje told the court that achieving equality, dignity and social justice in South Africa requires meaningful progress on land reform, characterising it as a critical national objective. He further argued that the Constitution already empowers judges to determine what constitutes fair and equitable compensation when property is expropriated, and that this can, under certain conditions, amount to zero.
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According to Maenetje, nil compensation may be appropriate where expropriation serves the public interest, particularly in the context of land reform, provided all relevant circumstances are taken into account.
The presidency has also maintained that the Act does not introduce new constitutional powers. Instead, it brings South Africa's legal framework for expropriation in line with the Constitution, replacing the outdated Expropriation Act of 1975 with a modern legislative instrument suited to current land reform needs.
Opposing organisations raise compensation concerns
The DA, AfriForum, the IRR, and the Vaderland Stigting have all mounted legal challenges to the Act, with compensation provisions at the centre of their objections. The DA has warned that the legislation could effectively legalise what it describes as land grabs, while the IRR has argued that the compensation process is structured in a way that unfairly advantages the state over property owners.
The Western Cape High Court is expected to continue hearing arguments before proceeding to judgment on the matter.
Ramaphosa signs Expropriation Bill
Briefly News also reported that President Cyril Ramaphosa officially signed the Expropriation Bill into law in January 2025. The law was finally passed after a five-year process that included public consultation and parliamentary deliberation. On 7 December 2021, the controversial land expropriation without compensation bill failed to pass a two-thirds vote in parliament after the EFF and DA voted against it.
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Source: Briefly News
