The FF Plus has confirmed that it has invited eight political parties represented in Parliament to apply for litigation against the new Expropriation Act. The party is among other political parties in the National Assembly that are opposed to the Act.
FF Plus leader Dr Pieter Groenewald says he has circulated written letters to parties that were in the sixth Parliament as well as the new parties in the 7th Parliament regarding the matter.
Dr. Groenewald says his party wants to test the constitutionality of the legislation at the highest court in the land.
“I can confirm that yesterday I sent letters to eight political party leaders in the national assembly requesting their support that we can refer the expropriation act in terms of Section 80 of the Constitution to the Constitutional Court to validate its constitutionality. Eight parties are the parties who voted against the Expropriation Bill when it was in the process in the National Assembly. Some new parties after the election became part of the National Assembly, but their leaders were part of those parties who voted against.”
After the adoption of the Expropriation Bill in 2023, the FF Plus asked political parties to, in terms of section 80 of the Constitution, challenge the constitutionality of the Bill in the Constitutional Court. https://t.co/Q9sE72vmEy
— VRYHEIDSFRONT PLUS (@VFPlus) January 24, 2025
According to Groenewald, the Constitution allows members of the National Assembly, to challenge any law that they deem unconstitutional, in the apex court.
“Section 80 of the Constitution requires that a third of the number of national assembly members can put forward such a request. And these parties if they do support the freedom front plus is enough to ensure that a third of the members of the national assembly then support a referral to the constitutional court”.)
The Democratic Alliance (DA) also said it is open for discussions to join any party opposing the Act. This, despite the party confirming that its lawyers are drafting court papers already, in preparation for legal action.
However, two of the other political parties that were approached, the African Transformation Movement(ATM) and Rise Mzansi have declined the offer
Rise Mzansi Head of Communications and Parliamentary Operations, Mabine Seabe says the party believes the Act has met the constitutional muster.
“Rise Mzansi has received correspondence from the leader of the FF Plus Dr. Groenewald, requesting our support for parliamentary action that will refer the Expropriation Act to the Constitutional Court to test its constitutionality. Rise Mzansi would not be supporting this action, as we believe the act to be sound and to be in line with Section 25 of the Constitution, as well as the Constitution in its entirety. It’s worth noting this correspondence from the FF Plus, Dr. Groenewald refers to parties that did not support the bill in this sixth parliament,” Seabe elaborates.
The African National Congress (ANC) in Parliament, which is also part of the Government of National Unity (GNU), has confirmed its readiness to defend the promulgation of the Act in court.
