Latest news with #ExpropriationBill
The Citizen
27-05-2025
- Politics
- The Citizen
DA reaffirms opposition to expropriation with nil compensation
The DA'c court challenge on the Expropriation Bill has caused tensions in the GNU. The DA's federal has passed a motion to reaffirm its stance against the Expropriation Act with nil compensation expropriation and will continue its court challenge. DA federal council chairperson Helen Zille announced on Monday evening that a 149 member body, the party's high decision-making body between congress' passed the motion to affirm the official opposition's longstanding position against Expropriation of Property Without Compensation. 'The Federal Council unanimously approved the motion which confirms our support for Section 25 of the Constitution, and the well-established DA position that just and equitable compensation adjudicated by a court of law must be paid for any expropriation'. Motion The motion which the DA Federal Council passed 'unanimously' reads: 'Acknowledging that secure private property rights under the rule of law are essential to fixed investment, economic growth, job creation, and better living standards for the people of South Africa, the Democratic Alliance (DA): Supports section 25 of the Constitution of South Africa. Asserts our support that compensation must be just and equitable, as adjudicated by a court of law, in cases of expropriation in terms of the Constitution. Rejects the notion of 'nil compensation' as established by the Expropriation Act, 2024, as well as the limitations placed by the Act on rights of private property owners in contesting the terms of expropriation in court Supports the existing efforts of the DA to take the Expropriation Act, 202,4 on judicial review and explore every other opportunity to render the Act less of a risk to private property rights. 'The DA continues in our court case challenging the constitutionality of the Expropriation Act in the High Court,' Zille said. ALSO READ: 'SA should've passed Expropriation Bill in 1996' – Ngcukaitobi Court challenge President Cyril Ramaphosa signed the Expropriation Bill into law in January 2025, setting new guidelines for land expropriation without compensation. The DA has challenged the act and argued that the law is unconstitutional and, therefore, invalid. It opposed the Bill throughout the parliamentary process, as it did earlier iterations of the Expropriation Bill and the failed amendment to Section 25 of the Constitution. The DA then applied to the Western Cape High Court in February to nullify the act, which has caused tensions in the Government of National Unity (GNU). Expropriation Bill The Bill, which replaces the Expropriation Act of 1975, allows land expropriation without compensation if it's in the public interest or for a public purpose. It also irked US President Donald Trump, who claimed that South Africa's expropriation law is aimed at 'seizing ethnic minority Afrikaners' agricultural property without compensation'. Constitution In February, Advocate Tembeka Ngcukaitobi said South Africa should have passed a law to redistribute land equitably when the country's final constitution was passed. Ngcukaitobi said of all the clauses in the new Expropriation Act of 2024, none had generated more heat than section 12(3), which enables the state to offer 'nil compensation' in certain instances to an owner of expropriated property. 'We should have passed a law in 1994 already, or at least 1996 when the final constitution was passed to enable the state to redistribute land on an equitable basis. There is an injunction in the Constitution that requires the state to do that the state has never passed it, and it has no explanation why it didn't pass it'. Ngcukaitobi emphasised that 'like everything in South Africa, the problem with land reform is that is beset by corruption'. ALSO READ: AfriForum challenges Expropriation Act in court, criticises Ramaphosa for 'silently' signing the law
Eyewitness News
22-05-2025
- Politics
- Eyewitness News
Expropriation Act threatens constitutional right to private property: AfriForum
JOHANNESBURG - Lobby group AfriForum said the Expropriation Act contains serious flaws and is a real threat to the constitutional right to private property. The group is challenging the constitutionality of the bill by President Cyril Ramaphosa in the Pretoria High Court. Ramaphosa signed the controversial bill in December, drawing criticism from the lobby group. ALSO READ: AfriForum wants court to declare Ramaphosa's manner of signing Expropriation Bill into law unconstitutional AfriForum has criticised Ramaphosa for signing the Expropriation Bill after a new Cabinet was appointed with members holding differing views. It's also slammed the president for signing the bill in December and then waiting for a month before notifying the public. While the group's first preference is for the entire Expropriation Act to be declared unconstitutional, it has made arguments for certain sections of the law to be declared unlawful as an alternative. AfriForum has cited the president, the Public Works Minister, the National Assembly speaker, and the National Council of Provinces (NCOP)'s chairperson as respondents. They will file their answering papers as the matter heads to court.
The South African
21-05-2025
- Politics
- The South African
Johann Rupert SLAMS Trump's 'white genocide' claims
Billionaire businessman Johann Rupert has been hailed a 'true patriot' after he shot down US President Donald Trump's claims that there is a 'white genocide' – particularly amongst white farmers – in South Africa. Rupert was part of SA President Cyril Ramaphosa's special convoy to the White House on Wednesday, 21 May. He was joined by world-famous golfers Ernie Els and Retief Goosen, who also shared their views about their home country. During the presidential meeting between Cyril Ramaphosa and Donald Trump, the topic of 'white genocide' and Afrikaner farm murders quickly became a focal point. Another burning topic was the recent Expropriation Bill, which Trump believes is 'confiscating land' from white South Africans. During the tense meeting, Trump also had a clip play of Economic Freedom Front (EFF) leader Julius Malema singing struggle song Kill The Boer , and calling for land expropriation. While Ramaphosa did his best to deny the claims of targeted crime against white South Africans, his voice was repeatedly cut short by Trump. Ramaphosa called on several members of his entourage to speak up. They included Minister of Agriculture John Steenhuisen, golfers Ernie Els and Retief Goosen, and businessman Johann Rupert. Speaking on the topic of 'white genocide', Rupert boldly told Trump: 'We have too many deaths. But it's across the board. It's not only white farmers'. He continued: 'If you look at the statistics, a lot of the murders – firstly, it's unemployment, and then illegal aliens'. Rupert then claimed that the Western Cape – particularly the Cape Flats – had a higher violence and murder rate. 'We've got gang warfare', he added. While Johann Rupert supported Cyril Ramaphosa's rebuttal against Trump, he also endorsed Elon Musk, who has also been accused of spreading misinformation about South Africa. 'We need technological help. We need Starlink in every police station', Rupert told Trump. He then took aim at Ramaphosa's predecessor, Jacob Zuma, who, he claims, rejected his offer of using drones in parks to prevent animal poaching. Referring to Zuma, Rupert said, 'He stopped the importation because he said the US would spy on us.' On the X app, South Africans praised Johann Rupert for speaking up against 'white genocide'. @MogomotsiLebot2: 'Johann Rupert is a patriot. That's it. That's the tweet'. @JesseFJacobs: 'Rupert is speaking the truth about South Africa. He is telling them the biggest murder rate is not on the farms but the Cape Flats. This is the truth that needed to come out'. @Shokwakhe16: 'Johann Rupert has just said what Ramaphosa is scared to say, that illegal immigrants are behind the spate of killing white farmers'. Let us know by leaving a comment below, or send a WhatsApp to 060 011 021 1 . Subscribe to The South African website's newsletters and follow us on WhatsApp , Facebook , X, and Bluesky for the latest news.
Eyewitness News
21-05-2025
- Politics
- Eyewitness News
AfriForum wants court to declare Ramaphosa's manner of signing Expropriation Bill into law unconstitutional
PRETORIA - Lobby group AfriForum wants the Pretoria High Court to declare how President Cyril Ramaphosa went about signing the Expropriation Act unconstitutional. The group, which has been critical of the act, filed papers with the court on Tuesday to challenge it. The Expropriation Bill was signed in December, and the act was only published a month later. In its papers, AfriForum has highlighted provisions in the Constitution that detail how members of the National Assembly have a right to approach the apex court should they believe that a certain act is unconstitutional. They argue that the delay of a month between the time Ramaphosa signed the bill and when he published the act negated the right of those members of Parliament who would seek certainty from the constitutional court. AfriForum points out that the composition of parliamentarians when the Expropriation Bill was first tabled in 2020 and when it was signed last year is vastly different, with what was a house with an overwhelming majority of African National Congress (ANC) members, now a mixed bag. The group states that a third of parliamentarians were deprived of the right to approach the apex court. The lobby group says it's clear that the president "obstinately pushed ahead" with the act despite valid concerns about certain provisions.
The Citizen
21-05-2025
- Politics
- The Citizen
AfriForum challenges Expropriation Act in court, criticises Ramaphosa for ‘silently' signing the law
'It is clear that the president obstinately pushed ahead despite valid concerns,' AfriForum's application reads. Lobby group AfriForum has formally lodged a legal challenge against the Expropriation Act, coinciding with President Cyril Ramaphosa's visit to the United States (US). On Tuesday, AfriForum submitted an application to the Gauteng High Court in Pretoria, seeking an order declaring the Expropriation Act unlawful and unconstitutional. The organisation has asked the court to set aside the legislation and issue a directive for Parliament to amend the Act within 24 months. ALSO READ: Ramaphosa advises Gauteng to take advantage of Expropriation Act In addition, AfriForum is requesting a costs order and has asked that the matter be referred to the Constitutional Court (ConCourt) for confirmation should the High Court rule in its favour. The respondents listed in the court papers include the president, Public Works and Infrastructure Minister Dean Macpherson, National Assembly Speaker Thoko Didiza, and National Council of Provinces (NCOP) Chairperson Refilwe Mtshweni-Tsipane. AfriForum challenges Expropriation Act In an affidavit, AfriForum CEO Kallie Kriel argued that certain sections of the Expropriation Act contain 'inherent contradictions which render the whole Act unconstitutional'. He contended that the Act introduces substantial provisions impacting property owners, particularly regarding the payment of just and equitable compensation. Kriel also highlighted that the Act affects the legal recourse available to affected parties in courts at all levels, including the ConCourt. While he acknowledged that the outdated 1975 Expropriation Act required revision to align with the current constitution, Kriel expressed opposition to the new Act's allowance for nil compensation. 'The Expropriation Act has been controversial and has elicited broad debate from various walks of life, and is of significant public interest and importance,' the affidavit reads. READ MORE: Expropriation: Another land reform bill in the works Kriel further alleged that President Ramaphosa 'silently' assented to and signed the Expropriation Bill into law on 24 December 2024, after a five-year legislative process. However, the decision was only made public when the law was published in the government gazette on 24 January 2025, more than a month later. He noted that the Act has not yet come into effect, as its implementation date must be determined by the president through proclamation. Kriel described the delay in gazettetting the Act as 'inexplicable,' arguing that it denied Members of Parliament (MPs) the opportunity to challenge the legislation directly in the ConCourt. 'It is clear that the president obstinately pushed ahead despite valid concerns and controversy regarding certain provisions of the Expropriation Act.' Nil compensation Kriel emphasised that Section 12(3) of the Act, which permits zero compensation, opens the door for potential abuse of public power. He warned that any expropriating authority, including 'poorly managed' local municipalities, could take land without monetary payment. 'The Act also has far-reaching and negative effects on property rights, economic stability, food security, the viability of farming enterprises, economic freedom and the like.' He also raised concerns that the law allows a property owner to be deprived of their property while legal proceedings over the expropriation are still ongoing – proceedings that could take years to resolve. Expropriation Act a 'real threat' Meanwhile, AfriForum's Head of Public Relations, Ernst van Zyl, issued a statement criticising the legislation. He contended that the Act had 'serious flaws' and was a 'real threat' to the constitutional right to private property. 'We have heard them highlight their objectives, and we believe them,' Van Zyl said, referring to the ANC's advocacy for nil compensation. The Expropriation Act has sparked intense debate across South Africa and has also drawn criticism from US President Donald Trump. NOW READ: Expropriation Act: 'Contradictory processes' will prevent implementation, says Macpherson
