Legal action looms as opposition parties fight Ramaphosa's Expropriation Bill

Opposition parties, including the Democratic Alliance (DA), AfriForum, ActionSA amongst other organisations, have vowed to take legal action against President Cyril Ramaphosa's Expropriation Bill approval on Thursday.

The landmark legislation was signed to address longstanding issues of land inequality and provide a framework for the expropriation of land without compensation.

This move is positioned as a measure to advance social justice and promote public interest in a country that is still grappling with the legacy of apartheid.

The DA said it recognises that the Constitution allows for acts of redress and restitution, including land reform, however, it had serious reservations about the procedure as well as important substantive aspects of the Bill.

"We are in discussions with our legal team to formulate our case," the party said in a terse statement.

Ernst van Zyl, Afriforum's spokesperson, said the signing of the Bill into law has sanctioned a substantial threat to the right to private property in the country.

“AfriForum will do everything in its power to protect citizens against expropriation without compensation. We seem to be the last real lines of defence left. The promulgation of the BELA Act, and now the signing of the Expropriation Bill, indicates that the ANC is effectively trying to use the GNU (Government of National Unity) to coopt the former opposition parties to help the ANC carry out every one of its destructive policies,” said van Zyl.

ActionSA Parliamentary Chief Whip, Lerato Ngobeni said Ramaphosa's signing of the Bill was ANC's relentless push for destructive policies which threaten the future of South Africa.

"ActionSA believes that land reform is crucial for addressing historical injustices and must be expedited responsibly to safeguard property rights and maintain investor confidence. Consequently, we oppose any constitutional amendments permitting expropriation without compensation and uphold the protection of private property rights as a fundamental economic tenet," she said.

The Cape Independence Advocacy Group joined the fray and said the Bill undermines the sanctity of private property, a cornerstone of economic freedom and individual liberty. 

"By enabling the state to seize assets without just compensation, it erodes the trust investors have in South Africa's economic stability, thereby threatening economic growth, job creation, and the prosperity of all citizens.

"The Expropriation Bill introduces uncertainty and fear among property owners, potentially leading to further capital flight and a decline in investment, which disproportionately impacts the most vulnerable in our society," said the organisation.

Meanwhile, Makashule Gana for RISE Mzansi, said the party welcomed the signing of the Bill and added that when expropriation is correctly applied, especially in public housing and rural development, the issues of spatial justice and spatial planning must be taken into account.

"Access to basic rights such as the right to clean water, good quality education, adequate housing, and land are all linked to spatial planning and intentionally constructed and maintained community infrastructure.

"RISE Mzansi wishes to caution political parties and other organisations from misrepresenting the law by painting it as a license for state-sanctioned and illegal land grabs, and the dissolution of property rights," Gana said.

Supporting ANC party leader, ANC national spokesperson, Mahlengi Bhengu-Motsiri said the Bill provides a framework to facilitate land reform in the public interest, creating opportunities for economic inclusion and development while ensuring that the rights of property owners are respected.

"This is a direct response to the needs of millions of South Africans who have been excluded from land ownership and access to natural resources for far too long," she said.

sinenhlanhla.masilela@iol.co.za

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