South Africa’s second-largest coalition partner, the Democratic Alliance (DA), has announced plans to challenge the country’s newly signed land expropriation law in court. The DA has filed papers in the High Court, arguing that the Expropriation Act is unconstitutional.
The bill, signed by President Cyril Ramaphosa last month, allows the government to expropriate property without compensation under specific circumstances. This move has sparked controversy, with critics claiming it threatens property rights and stirs racial tensions.
The United States, through President Donald Trump, has also voiced concerns. Trump, citing his ally Elon Musk’s South African roots, has criticized the law, alleging it permits the seizure of land from white farmers. In response, the U.S. has frozen aid to South Africa.
The contentious issue of land ownership remains a legacy of apartheid in South Africa, where the majority of farmland is still held by white South Africans. Despite the end of apartheid three decades ago, this inequality has lingered.
The DA, a white-led opposition party, claims the Expropriation Act is vague and contradictory, undermining legal certainty. They argue that the law’s provisions lack clarity and could lead to abuse.
The law replaces a 1975 apartheid-era statute and aims to align land policies with the country’s post-apartheid constitution. However, it has raised fears of a situation similar to Zimbabwe’s land seizures in the early 2000s.
South Africa’s government, led by the African National Congress (ANC), defended the law, dismissing what it called a “campaign of misinformation.” The ANC insists the law will only allow land expropriation under “just and equitable” conditions for the public good.