Legal Challenge Emerges Against South Africa's Expropriation Act Amid U.S. Tensions

Fri Feb 21 2025 20:38:43 GMT+0200 (Eastern European Standard Time)
Legal Challenge Emerges Against South Africa's Expropriation Act Amid U.S. Tensions

A coalition government party in South Africa contests a new law enabling land seizure without compensation, citing constitutional concerns and ongoing U.S. scrutiny.


The Democratic Alliance (DA), a key player in South Africa's coalition government, has filed a legal challenge against the controversial Expropriation Act, stirring tensions with U.S. President Donald Trump. This law allows for land confiscation without compensation under certain conditions, igniting debates over property rights and historical grievances linked to apartheid.


A legal challenge has been initiated by the Democratic Alliance (DA) against South Africa's newly passed Expropriation Act, a controversial law that permits the government to seize private land without compensation under specific circumstances. This legislative move has attracted significant attention, particularly due to remarks from U.S. President Donald Trump, who has taken steps to freeze foreign aid to South Africa, alleging that land confiscations are already occurring.

The government coalition, comprised of 10 parties and predominantly led by the African National Congress (ANC), has criticized Trump's actions as stemming from a "campaign of misinformation." This comes on the heels of the ANC losing its parliamentary majority for the first time in three decades during the May general elections, necessitating a power-sharing agreement.

The DA, South Africa's second-largest party within the coalition, argues that the Expropriation Act undermines constitutional rights by enabling the government to seize property without compensation. The party contends that no democratic government should possess such unrestricted authority, emphasizing that the law was enacted against their counsel.

The issue of land ownership remains a divisive one in South Africa, with the majority of private farmland still held by white individuals decades after the end of apartheid. Continuous calls for land reform aim to rectify past injustices linked to racial segregation; however, the DA warns that the government's misuse of expropriation powers mirrors tactics employed by the former apartheid regime.

In defense of its position, the DA has stated that just redress must arise from the protection of property rights, asserting that unchecked expropriation powers should never again be granted to any government. Their concerns are further compounded by Trump's recent threats, accentuating the potential economic repercussions of halted U.S. funding.

The ANC, for its part, maintains that no land has been attached without compensation thus far and that such actions would only be considered in exceptional cases, for public use, after exploring alternative acquisition methods. Trump's executive order makes it clear that the United States will not support South Africa as long as it perceives ongoing violations of rights, and plans are underway for the resettlement of affected South African farmers into the U.S.

In a bid to navigate the mounting tension, President Ramaphosa plans to dispatch envoys abroad to clarify the government's land policy changes, including the contentious Expropriation Act, in an effort to reassure international stakeholders and foster dialogue around this critically important issue.

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