Lobby Group, AfriForum is threatening legal action against the Government of National Unity (GNU) should the government start expropriating land without compensation.
President Cyril Ramaphosa signed the Expropriation Bill into law on Thursday. The aim of the law is to repeal the Apartheid-era Expropriation Act of 1975.
The law also sets out instances where organs of the state may expropriate land in the public interest. It says land may only be expropriated when the expropriating authority fails to reach an agreement with the owner of the property with the purpose of acquisition.
AfriForum Head of Public Relations, Ernst van Zyl says, “The President should not have signed the Bill into law, seeing as there are still very serious flaws within the Bill itself. Serious flaws that open the door for land expropriation without compensation of private property and that would be against Section 25 of the Constitution, making such action as unconstitutional and therefore Afriforum has made it clear to the President and the Government of National Unity that if they were to start targetting private property for expropriation without compensation, Afriforum will be the first organization to take them to court because we have a very solid case.”
ACDP not satisfied with Ramaphosa’s decision
The African Christian Democratic Party (ACDP) says it is not satisfied with the decision taken by President Cyril Ramaphosa to enact the piece of legislation without proper scrutiny.
Party Member of Parliament, Steve Swart, says they believe the new law will not meet the requirements of the constitutional muster.
“The ACDP is extremely disappointed that President Cyril Ramaphosa has signed the Expropriation Bill into law despite widespread opposition. While supporting restitution with full compensation, we have consistently opposed the expropriation of property without compensation which will now be permitted under certain circumstances in the public interest. We believe this act will undermine investor confidence as it possesses a severe threat to private property rights. This is at the time when the country is desperate to attract foreign and domestic investment to stimulate the economic growth and create jobs. The ACDP also believes that it is in conflict with Section 25 of the Constitution.”
VIDEO | The Democratic Alliance is also opposed to the Bill.
VIDEO| ATM says President Cyril Ramaphosa’s decision makes a mockery of the public participation process:
Meanwhile, other parties including Rise Mzansi and the African National Congress (ANC) have welcomed the Bill.
Rise Mzansi Member of Parliament Makashule Gana says, however, the expropriation of property ought to be applied effectively.
“The issues of special justice and special planning must be taken to account. Rise Mzansi wishes to caution political parties and other organisations for misrepresenting the law by painting it as a license for state sanctions and illegal grabs and the dissolution of property rights. The Constitution as the highest law in the land is clear about protecting property rights and advancing the expropriation of land in terms of law of general application.”
The ANC caucus in Parliament says it is ready to oppose any litigation against the Expropriation Act.
ANC Chief Whip Mdumiseni Ntuli says all those who are opposed to the legislation must bring it on.
“Those who have taken the position that they will take the Bill to court and challenge the Bill, we are of the view that their action is intended to keep the status quo and to consolidate a legal regime which was designed in 1975 in the case of this Bill. This had nothing to do with the interest of the majority in our country. The ANC will stand ready for those who intend to do so and stand ready to oppose them.”
