The Democratic Alliance (DA) and uMkhonto weSizwe (MK) Party have opposed the Expropriation Bill, which President Cyril Ramaphosa signed into law on Thursday.
The new law replaces the apartheid government’s Expropriation Act of 1975 and establishes procedures for how government entities can expropriate land for public purposes.
Vincent Magwenya, Presidency spokesperson, stated that the expropriation law went through a five-year period of public consultation and parliamentary review. It ensures that expropriation practices are in line with the Constitution, he added.
MK says it represented a continuation of injustice
Nhlamulo Ndhlela, MK Party spokesperson, dismissed the legislation as a mere disguise for the South African land question. He argued that it represented a continuation of injustice and betrayal of the people’s struggle for true land restitution.
“The Expropriation Bill, by limiting land restitution to land dispossessed after 19 June 1913, deliberately entrenches the theft of land that began with the arrival of Jan van Riebeeck on 6 April 1652. It ignores the dispossession, violence and destruction of African livelihoods that occurred over more than two centuries before the infamous 1913 Land Act.
“By excluding the pre-1913 dispossessions, this bill ensures that stolen land of our ancestors remains in the hands of colonial beneficiaries. Worse, this law puts money into the pockets of land thieves by requiring compensation for land that was violently stolen. Instead of redressing historical injustices, it protects the interests of those who continue to benefit from colonial and apartheid era plunder,” said Ndhlela.
Plans motion to back-date restitution to 1652, not 1913
He further announced that they would submit a private member’s bill seeking to amend Section 25 of the Constitution. This with the primary goal of moving the arbitrary cut-off date for land restitution from June 19, 1913, to April 6, 1652.
The ATM also rejected the signing of the bill. It said that it is a disappointment to the aspirations of South Africans who expected expropriation of land without compensation.
Zama Ntshona, ATM spokesperson, said: “When public hearings on this issue were held across the country, South Africans spoke with one voice. The overwhelming demand was clear: expropriation without compensation.
“Not a single South African advocated for ‘nil compensation’. This concept was manufactured as a compromise to serve the interests of landowners and those who continue to benefit from the theft of our land.”
Government of national unity partner DA, however, announced their intention to legally challenge the bill. It cited concerns about the procedure and several aspects of the new law.
DA plans own challenge to bill
Speaking to Sunday World, DA spokesperson Karabo Khakhau said they were dealing with the matter urgently.
“We are exploring all avenues available for us legally and in the GNU to challenge this. Because the president [Ramaphosa] and the ANC have operated in absolute bad faith. There is also a full Federal Council meeting on Monday,” said Khakhau.
“We have obtained a legal opinion that the Expropriation Bill is unconstitutional. And we will fight this dangerous legislation by every possible means, including in the courts.
Minister of Public Works and Infrastructure and DA MP, Dean Macpherson, commented on X. He said that he would not allow the expropriation of private property without compensation.
“The guarantee of property rights under Section 25 of the Constitution is not up for debate. It is non-negotiable,” Macpherson asserted.
