DA, AfriForum challenge Expropriation Act in court
The Democratic Alliance (DA) and civil rights organisation AfriForum have taken their challenge against the Expropriation Act to the Western Cape High Court, arguing that the legislation threatens property rights and could allow unconstitutional land seizures.
The DA is asking the court to declare the Act invalid, arguing that certain provisions are irrational and that the parliamentary process used to pass the legislation was flawed.
AfriForum CEO Kallie Kriel, who addressed supporters and media outside the court, also criticised the Act, warning that it could have serious economic consequences if implemented.
Kriel said AfriForum was opposing the legislation because it believes it could harm South Africans nationwide.
"We believe that this act would be to the detriment of everybody in the country. We have seen what happened in Zimbabwe. While it was portrayed to benefit the poor, only the political elite were enriched."
He argued that Zimbabwe’s land reform programme resulted in economic instability, including rising unemployment and hyperinflation, and warned South Africa against following a similar path.
"We have seen a growth in unemployment, we’ve seen hyperinflation, and we can see what is happening. Millions of Zimbabweans had to flee that country. That is why, as loyal citizens, we cannot allow this here to happen."
The DA’s legal challenge is based on arguments that the Act contains legal contradictions around compensation and that the National Council of Provinces (NCOP) process used to approve the legislation was unconstitutional.
DA Federal Council Chairperson Ashor Sarupen said the party was in court to defend property rights and prevent what it describes as unconstitutional expropriation.
"The DA is here in court today to protect property rights for all South Africans. We will not accept a bill that legalizes land grabs. It is not acceptable in a constitutional democracy."
The DA argues that Section 19 of the Act creates an “irresolvable circularity” because it requires compensation to be determined through a court process, while also stating that court proceedings can only begin after a notice of expropriation has been issued.
"Parliament did not properly consider this act. Therefore, one can't happen without the other and the other can't happen without the other. This is a circular law."
The party also challenged the parliamentary process, claiming that some provincial delegates did not have lawful mandates when voting on the bill in the NCOP.
AfriForum raised similar concerns, with Kriel arguing that provisions allowing expropriation without compensation are inconsistent with the Constitution.
Kriel specifically criticised Sections 12(3) and (4) of the Act, saying they create uncertainty by allowing expropriation without compensation on broad grounds.
"What this Act does in sections 12 (3) and 4 is allow for expropriation without compensation, not just on specific grounds. The act says, including but not limited to."
Kriel also questioned the process that follows after expropriation takes place, arguing that affected property owners could face lengthy legal battles after losing their land.
"If you look specifically at Section 19.2 of the Act, it says that expropriation takes place and then you can go to court thereafter. What is the effect of that? We know in some courts you have to wait three years to get a court date in a disputed case."
He said AfriForum has assembled a legal team and would pursue the matter through the courts if necessary.
"We will take it to the appeal court, but we believe we have a strong case to win here. But if needs be, we'll go higher until the Constitutional Court because we owe it to the people of this country."
Kriel also rejected arguments that the Expropriation Act is necessary to address South Africa’s historic land dispossession, saying existing legislation should be strengthened instead.
He pointed to the restitution process, arguing that previous failures were caused by corruption and poor administration rather than a lack of legal powers.
"South Africa has a restitution act that is in place. The question is why doesn't it work? The answer is corruption, maladministration and the lack of ability to drive the programme."
Kriel said government should focus on improving existing land reform mechanisms rather than introducing new powers.
"It won't help you if you hit your head against the wall and say it doesn't work and then hit harder. Make sure that you change your ways and that is why we are in court."
The Expropriation Act was signed into law by President Cyril Ramaphosa in December 2025 after being passed by Parliament. Government has argued that the legislation provides a constitutional framework for land reform and allows the state to acquire property for public purposes and in the public interest.
