By Thapelo Molefe
The Democratic Alliance has officially launched a legal challenge against the recently signed Expropriation Act, citing its unconstitutionality both substantively and procedurally.
The party filed papers electronically in the Western Cape High Court, seeking to nullify the Act in its entirety.
The Act has caused much controversy, with US President Donald Trump issuing an order to stop funding to South Africa over what he believes is race-based politics, especially concerning the new land expropriation law.
The DA Federal Council chairperson Helen Zille explained the party’s stance on Monday saying: “We reject this Act because we believe that no government in a democratic country should be given such sweeping powers to expropriate property without compensation. Our history under apartheid has taught us that property rights must be protected to ensure that no government can misuse expropriation powers again.”
The Presidency announced in last month that the Expropriation Act had been signed into law, despite legal concerns raised by Public Works and Infrastructure Minister Dean Macpherson.
Macpherson had provided the president with a legal opinion highlighting constitutional flaws in the Bill.
The DA’s legal argument against the Act is two-fold. Firstly, the party contends that the Act was improperly passed, as five of the seven provinces that voted in favour of it in the National Council of Provinces did not obtain provincial mandates in accordance with legal requirements.
Secondly, the DA argues that several clauses in the Act are vague and contradictory, rendering it unconstitutional.
The DA also opposes the Act on ideological grounds, contending that it advances the African National Congress’ (ANC) 2017 elective conference resolution to implement expropriation without compensation.
“After we blocked the ANC’s attempt to amend Section 25 of the Constitution to allow expropriation without compensation, this Act became their fallback plan,” Zille said.
She further argued that South Africa already has laws to facilitate fair restitution, stating: “There are at least three other Acts that deal with restitution for injustices of the past that give meaning to Section 25 of the Constitution. Where the DA governs, we facilitate just and fair compensation under these laws.”
The DA insists that expropriation should be limited to infrastructure development purposes, in line with international norms.
“Every country has legislation allowing the state to build public infrastructure such as roads, railways and dams with fair compensation. But this Act goes far beyond those accepted standards,” Zille emphasised.
The party also highlighted the shifting political landscape following the 2024 elections, which resulted in a coalition government.
“The ANC can no longer govern alone. It is bound by a signed Statement of Intent with the DA. This means they cannot simply enforce resolutions from their elective conference without coalition consensus,” Zille stated.
As the case heads to court, the DA remains resolute in its challenge.
“We will not stand by and allow the ANC to act as though they won a majority. We are committed to protecting property rights and ensuring fair governance for all South Africans,” Zille concluded.
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