DA Seeks to Nullify Controversial Expropriation Act in Legal Challenge

The Democratic Alliance (DA) has filed a legal challenge seeking to have the Expropriation Act declared null and void, citing procedural errors, irrational provisions, and sections of the law it deems unworkable. The party approached the Western Cape High Court on Monday, intensifying the ongoing policy divide within South Africa’s Government of National Unity (GNU).

The DA’s legal move has further exacerbated tensions between South Africa and the United States. The US government has cited the controversial Expropriation Act as one of the reasons for halting aid funding to South Africa. DA Federal Chairperson Helen Zille has likened the Act to apartheid-era policies, claiming it mirrors the infamous laws used by the previous regime to forcibly remove communities without fair compensation.

President Cyril Ramaphosa signed the Expropriation Bill into law late last month, repealing a 1975 apartheid-era law. The new legislation grants the state the power to seize land for the public interest, sparking anger among the DA and other political parties within the GNU. Critics argue that the law is an overreach of state power.

The passing of the Expropriation Act has also attracted international scrutiny, with former US President Donald Trump condemning the legislation as a violation of human rights and citing it as a reason for withdrawing aid funding to South Africa. Trump’s executive orders on Friday referenced the Expropriation Act and the country’s legal action against Israel at the International Court of Justice.

In the court papers filed, Zille’s challenge focuses on the constitutionality of the Expropriation Act. The DA argues that the law grants the government sweeping powers to expropriate property without compensation, which the party believes is an unlawful extension beyond international norms. Zille asserts that the government should not have such unchecked powers in a democratic society.

Zille also claims that the mandates authorizing delegates to vote for the Expropriation Bill at the National Council of Provinces (NCOP) were unlawful. On March 18 of last year, seven provinces voted in favour of the Bill, but Zille argues that five of those provinces’ mandates were invalid, meaning the Bill was passed with only two valid votes, rather than the required five.

A key focus of the DA’s legal challenge is Section 19 of the Expropriation Act, which outlines procedures for determining compensation when the government and property owners cannot reach an agreement. Zille argues that the provisions are contradictory and irrational, leaving ambiguity on how compensation should be determined.

“The act cannot operate without clarity on when a court can and should determine compensation. If Section 19 is invalid, the entire Act is invalid,” said Zille in court documents.

Zille also highlighted procedural missteps in the adoption of the Expropriation Act, stating that it did not adhere to constitutional processes. The DA’s challenge encompasses both substantive and procedural grounds, questioning whether the Act was adopted in line with the Constitution.

Political analysts have weighed in on the DA’s legal bid. Unisa political expert Professor Dirk Kotze suggests that the DA’s application is unlikely to have a significant impact on the GNU. “The DA will not leave the GNU. This challenge is more about positioning themselves to show their supporters that they are still standing firm against the ANC,” he said.

Legal expert Mpumelelo Zikalala believes there may be merit to the DA’s case, particularly regarding procedural flaws. However, Zikalala points out that while the Expropriation Act covers necessary aspects, it may require further consultation and public comment, but the DA is unlikely to succeed in halting the Act entirely.

As the legal challenge progresses, the DA’s efforts to invalidate the Expropriation Act will continue to shape South Africa’s political landscape. Whether the court will rule in favour of the DA or uphold the law remains to be seen, but the controversy surrounding land expropriation without compensation shows no signs of abating.

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