The Democratic Alliance (DA) submitted documents to the Western Cape High Court to contest the recently enacted Expropriation Act, arguing that it is unconstitutional in both its content and the way it was enacted. The submissions were filed electronically on Friday, 7 February 2025.
The party opposed this Act, as they believe that in a democratic society, no government should have the authority to seize property without providing compensation.
“We have not forgotten that the apartheid government used similar powers to forcibly remove communities from their land, often with inadequate compensation or none at all. This history teaches us that true redress requires protecting property rights, ensuring that no government is ever given unchecked expropriation powers ever again.” said Hellen Zille, the DA Federal Council Chairperson.
It is for this reason that the DA will stand up to ensure that every South African can have their property rights defended, protected and advanced.
The Presidency revealed that the Act was signed into law in December 2024, despite the council of the Minister of Public Works and Infrastructure, Dean Macpherson, who had given the president a legal assessment indicating that there were concerns with the Bill that made it unconstitutional.
The DA has requested the Court for an order that will invalidate the Expropriation Act in its current form.
The party strongly rejected the legislation intended to put into effect the African National Congress (ANC)’s 2017 decision to permit expropriation without compensation. Their opposition is based on serious legal issues as well as the view that the Act served as a means for the ANC’s majoritarian agenda, particularly following the DA’s successful prevention of the ANC’s efforts to modify Section 25 of the Constitution for similar ends.
In the current Expropriation Act we reject the ANC trying to smuggle in further powers of expropriation without compensation in an Act that is meant to provide for expropriation in circumstances where the state needs to develop infrastructure such as roads, railways and dams. Every country has legislation to ensure that the state can, with fair compensation, build public infrastructure, but this Act goes too far outside of these accepted international norms.
She also added that the voters expect the ANC to enter a coalition, and the ANC is obligated by a signed Statement of intent to partner with the DA. As a result, they cannot just move forward with decisions made at ANC elective conferences. She further elaborated that for the first time in history, the ANC must share power, and the DA will not permit the ANC to behave as if they have won a majority.
The DA pledged to uphold their commitment and advocate for the interests of the people of South Africa.
