Cape Town – Today, Monday, 3 August 2026, the High Court in Cape Town will commence proceedings regarding AfriForum’s application to declare certain sections of the Expropriation Act unconstitutional. This Act includes measures for expropriation without compensation.
IRR Legal, a division of the Institute of Race Relations, has joined the case as a co-applicant in support of AfriForum.
AfriForum’s court documents identify President Cyril Ramaphosa, the Minister of Public Works and Infrastructure, the Speaker of the National Assembly, and the Chairperson of the National Council of Provinces as respondents.
Moreover, both the Economic Freedom Fighters (EFF) and the Minister of Land Reform and Rural Development have expressed a desire to be included as respondents.
Simultaneously, separate legal challenges to the Expropriation Act from the Democratic Alliance (DA) and the Vaderlandstigting are being addressed alongside the case brought by AfriForum and IRR Legal.
Kallie Kriel, CEO of AfriForum, shared that the organization has assembled a distinguished legal team ready to challenge the Expropriation Act in court.
“Opposing expropriation without compensation is crucial not only for landowners but for all citizens in the country,” Kriel asserted.
“The situation in Zimbabwe serves as a warning about the adverse impacts of disregarding property rights on a nation and its people.”
“A small political elite benefits from this law, while the marginalized—misrepresented as the intended beneficiaries—will face higher unemployment, hyperinflation, and worsening poverty.
“The mass migration of millions from Zimbabwe to South Africa due to extreme poverty highlights the severe consequences of neglecting property rights for everyone.”
Kriel cautions that the implementation of the Expropriation Act in its current form could have serious repercussions.
He pointed out that a landowner might lose their property without compensation even before a court determines the legality and extent of the expropriation.
Thus, Kriel explained, a landowner, having lost both their property and income, would have to fight the expropriation in court, incurring significant financial burdens over an estimated five years to resolve the issue.
“Most landowners do not possess the resources for an extended legal battle against the state, which utilizes taxpayer funds for litigation,” Kriel maintained.
Ernst van Zyl, Head of Public Relations at AfriForum, noted that senior ANC leadership has continuously affirmed their commitment to expropriation without compensation.
“This court case stands as their only hurdle,” he concluded.
On a related note, DA leader Geordin Hill-Lewis, who also serves as the mayor of Cape Town, remarked: “We are in court because property ownership is fundamental to freedom, dignity, and economic potential, and no government should have the broad and ambiguous authority to seize what belongs to South Africans without compensation.”
He underscored that this case affects every family’s residence, every entrepreneur’s venture, every worker’s retirement fund, and every South African’s dream of property ownership.
“The DA will ask the Court to declare the Act unconstitutional and invalid,” Hill-Lewis stated.
“We will demonstrate that it was passed through a flawed parliamentary procedure and that key provisions are unclear, contradictory, and violate constitutional protections for property.
“We will oppose expropriation without compensation in court, in Parliament, and within the government.
“We refuse to let the foundations of ownership, investment, and economic freedom be compromised.”
Hill-Lewis reiterated the DA’s rejection of expropriation without compensation, regardless of whether it is labeled “nil compensation,” “custodianship,” or under any other guise.
“Legitimate expropriation for a valid public purpose must adhere to due process, independent judicial scrutiny, and fair compensation,” the DA leader added.
“The remedy for the historic denial of property rights lies not in diminishing property security, but in expanding it to include millions more South Africans.”
Adding to the complexity, one of the respondents is the Minister of Public Works, Dean Macpherson, a DA member of the Government of National Unity.
All eyes are on the court, which will hear the case from today until 7 August.
