Afriforum launches court bid to nullify Expropriation Act

AfriForum argues that certain sections and provisions of the act contain inherent contradictions, which is why the court should declare the act unconstitutional.

Alternatively, the group seeks an order that those specific provisions be declared unconstitutional.

“Central to AfriForum’s arguments is that Section 12(3) of the act, which provides for the expropriation of property at nil-compensation, opens the real possibility of the abuse of public power in that every expropriating authority, including mismanaged local authorities, is given the power to expropriate at nil-compensation.”

“A further major flaw AfriForum highlights is the fact that the act allows a property owner to be deprived of their property while the matter of its expropriation is fought over in court – a process that can take many years,” said AfriForum’s head of public relations, Ernst van Zyl.

This comes as President Cyril Ramaphosa is set to meet with US President Donald Trump amid strained relations between the two countries over the controversial act, among others, in the White House on Wednesday afternoon.

READ: SA challenges US persecution claims ahead of Trump talks

“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 this act, is our most important local battle in this fight,” Van Zyl added.

Afriforum was among the dissenting voices, including the second biggest party in the government of national unity – the Democratic Alliance (DA), opposing the implementation of the act in its current form.

READ MORE: DA takes legal action to nullify Expropriation Act

However, speaking at last week’s Nampo agricultural show in the Free State, DA member and Public Works and Infrastructure Minister Dean Macpherson said they believed the contradictions in the Expropriation Act are “resolvable”.

Macpherson debunked claims of land confiscation and genocide of white farmers.

 “ My job as the minister is to try and provide resolutions to the concerns that parties have, and then to make sure that we have a regulatory framework that works parallel to the act to ensure that any other issues around any other further definitions or processes are clearly spelled out,” he said.

DA leader John Steenhuiseen, who is also Agriculture Minister, is part of the delegation that has accompanied Ramaphosa to the White House.

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