Cape Town – Lobby group AfriForum has launched a legal challenge against the newly signed Expropriation Act, seeking to have it declared unconstitutional.
The application was filed with the Gauteng High Court in Pretoria, coinciding with President Cyril Ramaphosa’s visit to the United States.
AfriForum argues that key provisions of the Act, particularly the allowance for nil compensation, threaten property rights and could be abused by local authorities.
CEO Kallie Kriel claims the Act has “inherent contradictions”, impacts legal recourse for property owners, and undermines economic stability and food security.
AfriForum is asking the court to:
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Declare the Act unlawful and unconstitutional,
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Refer the matter to the Constitutional Court if successful,
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Direct Parliament to amend the Act within 24 months,
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And issue a costs order.
Kriel criticised Ramaphosa for “silently” signing the Bill into law on 24 December 2024 and only publishing it in the government gazette a month later, calling the delay “inexplicable.” Although the law has been signed, it has not yet come into effect.
AfriForum’s Head of Public Relations, Ernst van Zyl, called the law a “real threat” to the right to private property and accused the ANC of pushing for expropriation without compensation.
The Act has stirred major public debate in South Africa and even drew criticism from US President Donald Trump.