AfriForum Challenges Expropriation Act in Court, Citing Threats to Property Rights

AfriForum, a prominent South African civil rights organization, has initiated a significant legal battle by filing a court application at the North Gauteng High Court in Pretoria to contest the constitutionality of the recently enacted Expropriation Act 13 of 2024. This legislation, assented to by President Cyril Ramaphosa and publicized a month later in the Government Gazette, is now the focus of a heated debate around property rights in South Africa.

The Expropriation Act, which includes provisions for the expropriation of property at nil compensation, has stirred concerns among property owners and business leaders alike. AfriForum argues that this provision particularly enables widespread abuse of power by government authorities, including poorly managed local governments, by allowing them to acquire property without offering compensation to the owners.

Ernst van Zyl, AfriForum's Head of Public Relations, expressed the organization's resolve, stating, "The act’s provisions for nil compensation effectively mean no compensation, aligning with the government's long-expressed intent to enable expropriation without compensation." This interpretation, he points out, adds a layer of uncertainty and fear among property owners across the nation.

In addition to concerns about nil compensation, AfriForum has highlighted a critical flaw within the act— the ability of authorities to deprive property owners of their rights while disputes over expropriation are adjudicated, a process that could extend over several years in court. This, according to AfriForum, poses an undue burden on property owners and undermines their constitutional rights.

The case, fueled by both domestic concerns and international attention from figures like US President Donald Trump, who has criticized the act’s threats to property rights, reflects a broader unease about the implications of unchecked governmental power. AfriForum pledges to champion this issue in courts within South Africa and garner support globally to ensure the protection of property rights.

As the legal proceedings unfold, this court challenge could set a precedent for property rights and government authority in South Africa, especially concerning how constitutional rights are interpreted and protected. This scenario places not just the Expropriation Act but overall governance practices under scrutiny. AfriForum’s challenge could become a cornerstone case in South African jurisprudence concerning the balance between public interest and individual rights.