EFF Rejects Expropriation Bill, Calls It a ‘Legislative Cop-Out’

In a statement issued on January 23, 2025, EFF National Spokesperson Leigh-Ann Mathys expressed the party’s disapproval of the newly signed Expropriation Act. Mathys stated that the legislation does not mark any meaningful progress but instead aligns with existing laws under the 1996 Constitution.

The EFF emphasized that the Act primarily serves as a framework for implementing Section 25 of the Constitution, which permits property expropriation for public purposes or in the public interest, subject to compensation.

Mathys highlighted a legal precedent—the 2017 case of Uys & another v Msiza & others—to argue that the Act is heavily skewed toward protecting property owners, particularly in instances where compensation could be deemed nil.

Key Provisions and EFF Criticisms

The Expropriation Act introduces specific circumstances under which compensation may be nil, such as:

• Land held for speculative purposes.
• Abandoned properties.
• Land posing health hazards.

Despite these provisions, the EFF argues that the legislation does little to challenge South Africa’s existing land ownership patterns, as it primarily targets low-value properties. Mathys criticized the Act for failing to provide a solution to the enduring land restitution issues, which have historically drained state resources due to compensation payouts to white landowners.

“The Expropriation Act is a legislative cop-out by the African National Congress (ANC) to mislead South Africans into believing that progress is being made on the land issue,” Mathys said.

Call for Constitutional Amendment

The EFF maintains that a real solution to South Africa’s land crisis lies in amending Section 25 of the Constitution to include provisions for state custodianship of land. The party plans to introduce new legislative proposals to Parliament to tackle the issue effectively.

“We reject this Act outright and will table new legislation to address South Africa’s land crisis comprehensively,” Mathys added.

Background on the Expropriation Bill

President Cyril Ramaphosa’s signing of the Expropriation Bill repeals the apartheid-era Expropriation Act of 1975. The new legislation establishes a framework for property expropriation in line with Section 25 of the Constitution, balancing public interest and individual property rights.

The Act underwent extensive public consultation and parliamentary deliberation over five years, making it a significant step in addressing South Africa’s historical inequalities.

Diverse Reactions to the Expropriation Act

The ANC has praised the Act as a progressive move toward land reform. Mdumiseni Ntuli, ANC Parliamentary Caucus Whip, stated, “This law contributes to inclusivity and addresses historical injustices suffered by black South Africans under colonialism and apartheid.”

However, critics, including the EFF, argue that the Act prioritizes compensation over equitable land redistribution. Civil society groups have also raised concerns about its potential impact on property rights and economic stability, with some indicating plans to challenge the Act’s constitutionality in court.

A Nation Divided on Land Reform

While the Expropriation Act represents a legislative milestone, it has exposed a sharp divide in South Africa’s approach to land reform. For the EFF, the fight continues as they push for bold constitutional amendments to address the land ownership disparities rooted in the country’s colonial and apartheid past.

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