Expropriation Act: ANC, AfriForum inch closer as DA demands total scrapping

AfriForum and the ANC appear to be moving closer to common ground over the controversial Expropriation Act, with both accepting that sections of the legislation need to be amended, while the DA remains adamant that the entire law should be scrapped. The positions emerged as the DA and AfriForum continue with their constitutional challenge to the Act in the Western Cape High Court in Cape Town, which will continue hearing the case on Wednesday. AfriForum is challenging several provisions, arguing that Sections 12(3), 12(4) and 19(8) should be removed, while Section 19(2) should be amended because it is unconstitutional.

The civil rights organisation’s legal team argued that Sections 12(3) and 12(4), which allow for expropriation without compensation in certain circumstances, conflict with Section 25 of the Constitution. It also challenged provisions allowing the state to take ownership of property before compensation has been agreed upon or determined by a court. President Cyril Ramaphosa has already acknowledged that Sections 19(2) and 19(3) are unconstitutional.

AfriForum wants these provisions referred back to Parliament for redrafting, but said it would accept an interim court order ensuring that compensation is agreed upon or determined by a court before expropriation takes place. This places AfriForum closer to the ANC and Ramaphosa than the DA on the question of how the legislation should be dealt with. AfriForum CEO Kallie Kriel said the organisation’s legal team had made its position clear in court.

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Since a disregard for property rights could have catastrophic consequences for the country and its people, AfriForum stands ready to fight this case to the very end with every resource at our disposal. Ernst van Zyl, AfriForum’s head of public relations, said the fact that the public has an interest in the court proceeding highlighted the significance of the case.

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