Johannesburg – The Expropriation Bill, which was recently enacted by President Cyril Ramaphosa, has sparked considerable controversy, as various political parties criticize it for not adequately reclaiming land without compensation. At least one party has threatened legal action, arguing that the legislation conflicts with the constitution.
In the wake of the Expropriation Bill’s passage, which replaces the pre-democratic Expropriation Act of 1975 and defines the conditions under which state entities may appropriate land for public purposes, numerous parties have raised their objections.
The Democratic Alliance (DA), the second-largest member of the Government of National Unity, announced on Friday that it plans to challenge the Bill legally.
“The DA considers President Cyril Ramaphosa’s signing of the Expropriation Bill into law a grave matter,” Willie Aucamp, DA spokesperson, stated in a press release issued to EFE.
“This represents a direct attack on the constitutional rights of South Africans.
“We have secured legal advice asserting that the Expropriation Bill is unconstitutional. We will fight this dangerous legislation using all available avenues, including the courts.”
Other parties opposing the Bill include the uMkhonto weSizwe (MK) party, led by former President Jacob Zuma, which criticized it as a “totally ineffective piece of legislation.”
During a segment on state-owned SABC TV news, MK Chief Whip Mzwanele Manyi claimed that the Bill is merely a façade created by the African National Congress (ANC) to “mislead the public.”
John Hlophe, the newly appointed MK Parliamentary leader, indicated that his party intends to work within the legal system to advocate for constitutional amendments that facilitate “expropriation without compensation.”
The Economic Freedom Fighters (EFF) denounced the approval of the Expropriation Bill as a “cop-out.”
The EFF expressed on X: “The Expropriation Act is a legislative disillusionment by the ANC, solely used to mislead our citizens into thinking that the party is addressing the urgent and longstanding land issues this country faces.”
“It will not contribute to resolving the land restitution crisis in our nation, which has strained state resources to compensate white settlers who unlawfully occupy our land.”
The African Transformation Movement (ATM) expressed deep disappointment over President Ramaphosa’s decision to sign the Expropriation Bill into law.
“This Bill, which permits expropriation without compensation in certain cases, undermines the aspirations of the South African people, who have long sought real land reform through uncompensated expropriation,” the ATM stated.
In his announcement on Thursday, President Ramaphosa defended the contentious Bill, asserting: “This law will enable all levels of government – local, provincial, and national – to expropriate land for public interest for diverse reasons.”
He stressed that authorities at all levels will employ this legislation to reclaim land for the public good, aiming to enhance inclusivity and access to natural resources.
Backing the legislative move, the GOOD Party expressed its support for the President’s signing of the Expropriation Bill into law.
GOOD Party Secretary-General Brett Herron pointed out that historical land dispossessions during colonialism and apartheid are a significant factor in the pervasive inequality faced in present-day South Africa.
“The vast majority of citizens, who have long been excluded from land ownership, still find it challenging to enter the property market due to financial barriers,” Herron elaborated.
“This exclusion from property ownership restricts their ability to leverage assets for financial opportunities, perpetuating their economic marginalization.
“It’s a relentless and cruel cycle.”
Addressing the concerns surrounding expropriation, Herron referenced a Constitutional Court ruling from 23 years ago that stated: “No individual may be deprived of property except in accordance with a law of general application, and no law may permit arbitrary property deprivation.”
Herron concluded: “We wholeheartedly support the enactment of the Expropriation Bill.”
