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Judge Sachs suggests Expropriation Act be adopted by Parliament, which would permit expropriation.
AfriForum has filed a legal challenge against the recently signed Expropriation Act 13 of 2024 with the High Court in Pretoria. The organisation is seeking a declaration that the legislation is unconstitutional.
President Cyril Ramaphosa signed the Expropriation Act into law in December 2024. AfriForum has criticised the Act, arguing that certain provisions pose a direct threat to the constitutional right to private property.
The organisation claims the Act contains legal contradictions and could lead to the abuse of state power.
“AfriForum assured all members and the public at the beginning of the year that we will fight this dangerous act, both domestically and internationally. The spotlight that US President Donald Trump has so far placed on these acts, poses to private property rights in South Africa, is a welcome development,” says Ernst van Zyl, Head of Public Relations at AfriForum.
“AfriForum’s court case in which it will test the constitutionality of the Expropriation Act is our most important local battle in this fight for private property rights,” he adds.
Expropriation Act Discussion | State can expropriate land in the public interest
However, Minister of Public Works and Infrastructure Dean McPherson says the department is working to address concerns raised around the Act.
Speaking during a panel discussion at the NAMPO agricultural exhibition in Bothaville, Free State, McPherson dismisses allegations of land confiscation and threats to white farmers.
“We are working to find our way through some of the challenges that have been raised in court. We also had a discussion around the stability of the agricultural sector and how we, as a department, can contribute to that by resolving the outstanding or disputed issues within the Act. So that we can get on with providing that clarity to farmers and actually showing them that the Expropriation Bill is about dealing with the issues of national infrastructure,” McPherson says.
The Expropriation Act aims to address historical inequality in land ownership, but continues to face legal and political resistance.
Expropriation Act | ‘Law is highly procedural, vague and contradictory’: Adv Tembeka Ngcukaitobi
