In what could further deepen the already fractured relationship between Government of National Unity (GNU) partners, the ANC could find itself defending President Cyril Ramaphosa's signing of the Expropriation Bill into law, which the DA intends challenging in court.
Ramaphosa officially signed the Expropriation Bill into law, paving the way for a framework for the expropriation of land without compensation.
In a statement Thursday, Presidency spokesperson Vincent Magwenya said the Bill has undergone a five-year process of public consultation and parliamentary deliberation, and aligns legislation on expropriation with the Constitution.
“Section 25 of the Constitution recognises expropriation as an essential mechanism for the state to acquire someone’s property for a public purpose or in the public interest, subject to just and equitable compensation being paid. Up to now, expropriation of property has been governed by the Expropriation Act of 1975, which predates the expropriation mechanism provided for in section 25(2) of the Constitution,” said Magwenya.
The signing of the Bill reflected the ANC’s continued implementation of resolutions adopted at the 54th and 55th National Conferences, as well as the commitments outlined in the ANC’s 2024 Election Manifesto, according to ANC spokesperson Mahlengi Bhengu-Motsiri.
“The ANC views this law as a progressive and transformative tool to advance land reform in ways that enable inclusive economic growth and social cohesion. By unlocking access to land, the legislation will promote the development of sustainable human settlements, enhance agricultural productivity for emerging farmers, and enable urban land development to address spatial inequality. This is a direct response to the needs of millions of South Africans who have been excluded from land ownership and access to natural resources for far too long,” she said.
The law was a critical step towards fulfilling the vision articulated in the Freedom Charter, which declared, "The land shall be shared among those who work it,” she said.
The DA, along with ActionSA and Freedom Front Plus, wasted no time in indicating their intentions to challenge the law’s constitutionality.
The DA said: “While the DA recognises that the Constitution allows for acts of redress and restitution, including land reform, we have serious reservations about the procedure as well as important substantive aspects of the Bill. We are in discussions with our legal team to formulate our case.”
ActionSA Parliamentary Chief Whip Lerato Ngobeni described Ramaphosa’s signing of the bill as yet another example of the ANC’s relentless push for destructive policies, enabled by the ongoing capitulation of its GNU partners on critical matters that threaten the future of South Africa.
“This latest chapter in the chronicles of a co-opted opposition, silenced by Cabinet perks, exposes a multi-party coalition of convenience where former opposition parties have abandoned their principles to become enablers of the very same failed ANC policies that voters decisively rejected in May 2024.”
The GOOD Party welcomed the signing, saying land dispossession, the original sin, has been inadequately addressed by land reform policies since the demise of apartheid.
“South Africa needs both the tools and political will to set this straight.”
Johann Kotzé, AgriSA chief executive said: “The signing of the Expropriation Bill poses a risk to private property rights which is the primary basis on which South African agriculture is structured. Consequently, the Bill poses a risk to agricultural sustainability and food security. Therefore, AgriSA is committed to defending property values and rights and will utilize all necessary resources in consultation with legal experts to uphold these principles.”
Cape Times