Expropriation Act in court: Experts on whether the DA has a strong case

The DA can win its challenge against the Land Expropriation Act in the Constitutional Court because the party has developed a strong case that the law is unconstitutional, says Themba Langa, a litigation attorney in Durban.

The DA has challenged the Act and argues that the law is unconstitutional and, therefore, invalid.

In response, supporters of the Act have criticised the DA for being “opportunistic,” noting that the party did not oppose the legislation until after it was signed into law, despite it having undergone various stages previously.

DA challenges Act, argues it’s unconstitutional

Another expert believed the situation surrounding Act had become complicated, both constitutionally and in terms of the law’s design, that could lead to different conclusions.

Themba Langa, a litigation attorney in Durban, said the DA appeared to have dug deeper into the issue to build a stronger case.

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The party was focusing on the constitutionality of the Act, particularly regarding the voting processes in the National Council of Provinces (NCOP).

Langa said that the DA’s case centred on the alleged non-compliance of five NCOP provincial representatives from Gauteng, Limpopo, Mpumalanga, Eastern Cape and the Northern Cape.

The representatives reportedly voted in favour of the Act without having the appropriate mandates from their provinces, as required by the constitution.

Case centred on non-compliance of NCOP reps

The other grounds the DA relied on were the alleged irrationality of the application of expropriation issue as the drafters seemed to have muddled the process and time of when an aggrieved land or property owner can approach court for relief.

Langa said: “The DA is contending that the provincial representatives of five provinces have used unlawful mandates when they voted at the NCOP.

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“The DA’s challenge seems well founded and if not resisted with adequate evidence of compliance by any of these five provinces or the state, then the pendulum will swing heavily in their favour. The DA have dug very deep in building this formidable case and on paper, it looks unshakeable,” Langa said.

A property law expert at the University of the Western Cape and lawyer, Prof Reghard Brits, said the DA was contesting both the procedural aspects of the Land Expropriation Act’s adoption and issues related to compensation.

“Whether the DA would prevail in court depends on its ability to persuade the Constitutional Court justices of the law’s constitutionality.

Difficult to challenge constitutionality of the Act without facts in front of you

“I don’t think it will be an easy argument for the DA. This is a complex section of the constitution and the drafting of the Act is intricate and subject to multiple interpretations. It’s difficult to challenge the constitutionality of the Act without facts in front of you,” Brits said.

The Expropriation Act also triggered international backlash, particularly after US President Donald Trump expressed concerns, claiming that the law would lead to land grabs and negatively impact Afrikaners. This statement has been met with widespread criticism.

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