EXPLAINER: Unpacked: Each party’s arguments in the Expropriation Act case
The DA, a member of the Government of National Unity (GNU) coalition, has joined AfriForum and the Institute of Race Relations in challenging the Expropriation Act, which would allow the government to expropriate land without compensation in some circumstances.
The Democratic Alliance (DA), AfriForum, and the Institute of Race Relations (IRR) have joined forces to challenge the Expropriation Act, which permits the government to seize property without compensation in specific scenarios. The case is being heard by a full bench of three judges in Cape Town, with additional input from the Presidency, Parliament, and the Economic Freedom Fighters.
The DA's primary concern is the rationality of the law's process for resolving disputes over expropriation offers, arguing that the 180-day period for addressing such disputes cannot commence until a court issues a notice of expropriation. This, in their view, leads to an irrational and unconstitutional deprivation of property rights, in violation of section 25(1) of the Constitution.
The DA also challenges the voting process used by the National Council of Provinces to ratify the bill, claiming that certain provincial delegates lacked lawful authority to vote on the Act's behalf.
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