AfriForum challenges Expropriation Act in court, criticises Ramaphosa for ‘silently’ signing the law

Lobby group AfriForum has formally lodged a legal challenge against the Expropriation Act, coinciding with President Cyril Ramaphosa’s visit to the United States (US).

On Tuesday, AfriForum submitted an application to the Gauteng High Court in Pretoria, seeking an order declaring the Expropriation Act unlawful and unconstitutional.

The organisation has asked the court to set aside the legislation and issue a directive for Parliament to amend the Act within 24 months.

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In addition, AfriForum is requesting a costs order and has asked that the matter be referred to the Constitutional Court (ConCourt) for confirmation should the High Court rule in its favour.

The respondents listed in the court papers include the president, Public Works and Infrastructure Minister Dean Macpherson, National Assembly Speaker Thoko Didiza, and National Council of Provinces (NCOP) Chairperson Refilwe Mtshweni-Tsipane.

AfriForum challenges Expropriation Act

In an affidavit, AfriForum CEO Kallie Kriel argued that certain sections of the Expropriation Act contain “inherent contradictions which render the whole Act unconstitutional”.

He contended that the Act introduces substantial provisions impacting property owners, particularly regarding the payment of just and equitable compensation.

Kriel also highlighted that the Act affects the legal recourse available to affected parties in courts at all levels, including the ConCourt.

While he acknowledged that the outdated 1975 Expropriation Act required revision to align with the current constitution, Kriel expressed opposition to the new Act’s allowance for nil compensation.

“The Expropriation Act has been controversial and has elicited broad debate from various walks of life, and is of significant public interest and importance,” the affidavit reads.

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Kriel further alleged that President Ramaphosa “silently” assented to and signed the Expropriation Bill into law on 24 December 2024, after a five-year legislative process.

However, the decision was only made public when the law was published in the government gazette on 24 January 2025, more than a month later.

He noted that the Act has not yet come into effect, as its implementation date must be determined by the president through proclamation.

Kriel described the delay in gazettetting the Act as “inexplicable,” arguing that it denied Members of Parliament (MPs) the opportunity to challenge the legislation directly in the ConCourt.

“It is clear that the president obstinately pushed ahead despite valid concerns and controversy regarding certain provisions of the Expropriation Act.”

Nil compensation

Kriel emphasised that Section 12(3) of the Act, which permits zero compensation, opens the door for potential abuse of public power.

He warned that any expropriating authority, including “poorly managed” local municipalities, could take land without monetary payment.

“The Act also has far-reaching and negative effects on property rights, economic stability, food security, the viability of farming enterprises, economic freedom and the like.”

He also raised concerns that the law allows a property owner to be deprived of their property while legal proceedings over the expropriation are still ongoing – proceedings that could take years to resolve.

Expropriation Act a ‘real threat’

Meanwhile, AfriForum’s Head of Public Relations, Ernst van Zyl, issued a statement criticising the legislation.

He contended that the Act had “serious flaws” and was a “real threat” to the constitutional right to private property.

“We have heard them highlight their objectives, and we believe them,” Van Zyl said, referring to the ANC’s advocacy for nil compensation.

The Expropriation Act has sparked intense debate across South Africa and has also drawn criticism from US President Donald Trump.

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