By Johnathan Paoli
Civil rights organisation AfriForum has launched a legal challenge against the controversial Expropriation Act, calling for certain sections to be declared unconstitutional.
It argues that they undermine the fundamental right to private property in South Africa.
Launching the application in the North Gauteng High Court in Pretoria, AfriForum spokesperson Ernst van Zyl described the law as giving virtually every government entity the power to take property without paying for it, including municipalities that were already riddled with inefficiency and corruption.
“We assured our members and the public at the beginning of the year that we would fight this dangerous act both domestically and internationally.
“The spotlight that US President Donald Trump has so far placed on the threat this act poses to private property rights in South Africa is a welcome development. AfriForum’s court case, in which we will test the constitutionality of the expropriation act, is our most important local battle in this fight for private property rights,” Van Zyl said on Wednesday.
The Act, signed into law by President Cyril Ramaphosa on 20 December 2024 and published in the Government Gazette in January, was introduced to replace outdated expropriation legislation and for it to align with constitutional principles.
However, AfriForum contends that the law in its current form poses serious legal and economic risks.
At the heart of the challenge is Section 12(3) of the Act, which allows for expropriation without compensation under specific circumstances.
AfriForum claims this provision creates a “definite possibility of the abuse of public power”, especially as it grants expropriation authority to all levels of government, including what the organisation describes as “mismanaged local authorities”.
It argues that the clause effectively amounts to “zero compensation”, which, in its view, violates the spirit of Section 25 of the Constitution which protects against arbitrary deprivation of property.
Another issue raised in AfriForum’s court application is the provision that allows expropriation to proceed even while the legality of the process is still being contested in court.
According to Van Zyl, this could lead to irreparable harm, as affected property owners may be forced off their land long before a court reaches a decision.
He welcomed recent remarks by US President Donald Trump, who has criticised the Act and expressed concern over its implications for private property rights and investment in South Africa.
The High Court is expected to consider AfriForum’s application and determine whether the contested sections of the Act are constitutionally permissible.
A date for the hearing has not yet been set.
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