DA takes Expropriation Act to High Court, vows to defend property rights

The Democratic Alliance (DA) has launched a legal challenge to the Expropriation Act in the Western Cape High Court, saying the law is divisive and endangers property rights. The party briefed media ahead of court proceedings in Cape Town and said it would oppose what it called a measure that could legalise land grabs.

DA outlines legal grounds

The DA’s Federal Council chairperson, Ashor Sarupen, told reporters the party’s case rests on narrow legal points.

“The DA is in court today to protect property rights for all South Africans. We will not accept a Bill that legalises land grabs. It is not acceptable in a constitutional democracy,”

Sarupen said.

Sarupen said the DA’s challenge argues section 19 of the Act is irrational and that the final mandate before the National Council of Provinces when the Act was voted on was unlawful.

History and caution

Sarupen acknowledged South Africa’s history of displacement and apartheid-era land dispossession but rejected what he described as parallel legislation. He said:

“Considering the history of our country with forced removals, where people were arbitrarily deprived of property, with people being told you can’t, and you can live in a certain area, with so much destruction to private property that denied the right to so many South Africans to build wealth.

“What we need is stable legislation that attracts investments, that ensures that people can build intergenerational wealth and not destroy it further and create uncertainty in our economy, and protect as many rights as possible and not to erode rights.”

He added that South Africa needs laws that avoid leaving citizens nervous and uncertain:

“We do not need anything that creates uncertainty; we do not need anything that creates parallels to what we have lived through in this country.”

Government role and respondents

Sarupen noted the DA is part of the government of national unity but said the party is entitled to challenge legislation it considers unconstitutional. He pointed out that Public Works Minister Dean Macpherson is one of the respondents in the DA’s application and said the minister did not bring the Expropriation Bill to Parliament. Sarupen said the Bill was introduced under the previous administration and the minister at the time was Patricia de Lille.

DA accuses ANC of repeated attempts

DA public works spokesperson Bonginkosi Madikizela told media the ANC had previously tried to pass measures he characterised as dangerous to property rights. He said that in 2016 an Expropriation Act passed Parliament but lapsed before it was signed into law. He also said the 2018 debate over amending section 25 of the Constitution the section protecting property rights failed in Parliament.

State power over property

DA spokesperson Jan de Villiers warned the Act grants the state too much power over private property. He said:

“Property rights mean every single person can own property without the fear of the state having the ability of taking it away from them under some vague legislation. Property rights make the economy work and allow for jobs to be created. Without property rights, the economy will tank, and jobs will be lost.”

The DA took the case to court on Monday, ahead of proceedings in the Western Cape High Court in Cape Town.