The Democratic Alliance (DA) has formally initiated legal proceedings in the Western Cape High Court to challenge the constitutionality of South Africa’s newly minted Expropriation Act.
Filed electronically on 7 February 2025, the DA’s application seeks a full nullification of the Act — asserting significant procedural and substantive flaws.
DA Federal Council member and civil liberties advocate Mkhuleko Hlengwa commented that no democratic government should possess sweeping powers to expropriate property without proper compensation. Reflecting on apartheid-era land seizures, the DA warns that unchecked expropriation risks destroying investor confidence and violating Section 25 of the Constitution .
The party alleges:
- The Act was passed without proper provincial mandates, breaching legislative procedure requirements.
- Numerous clauses are overly vague or contradictory, rendering the Act unconstitutional in substance.
The DA further condemns elements enabling “nil compensation” – a radical departure from accepted international and South African norms around expropriation for public infrastructure such as roads, dams, and utilities.
“While we fully support Section 25 and fair land reform via mechanisms like the Restitution of Land Rights Act, this Act weaponises expropriation, not for justice—which relies on context and nuance—but for populist political agendas,” the DA argues.
The DA also highlights that the Minister of Public Works and Infrastructure, Dean Macpherson, advised the Presidency that the Bill was likely unconstitutional — an opinion reportedly ignored during final signing in December 2024.
Under a new era of Government of National Unity, the DA asserts that the ANC can no longer use its majority to pass radical legislation unchallenged. With cross-party cooperation, they promise to continue their opposition in Parliament, in the courts, and through public campaigns
The High Court’s decision will be a critical judicial test-case on the limits of expropriation powers in South Africa. This landmark challenge marks the beginning of a broader national debate on balancing redress, economic growth, and constitutional protections.
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