DA leader John Steenhuisen will on Saturday outline the steps his party will take after President Cyril Ramaphosa signed into law the Expropriation Bill which sets out how organs of State may expropriate land in the public interest.
This takes place as the party, which is part of the Government of National Unity (GNU), obtained a legal opinion that the signed Bill was unconstitutional.
National spokesperson Willie Aucamp said on Friday the DA considered the signing of the Expropriation Bill into law as a matter of utmost seriousness.
“It is a direct attack on the constitutional rights of South Africans,” he said.
“We have obtained a legal opinion that the Expropriation Bill is unconstitutional. We will fight this dangerous legislation by every possible means, including in the courts,” Aucamp said.
He also said his party would not stand by as the government seeks to undermine rights and erode the rule of law.
“Tomorrow, at a media conference, DA leader John Steenhuisen will outline the next steps in response to this deeply concerning development.”
Aucamp also said Steenhuisen will also set out their firm stance on the National Health Insurance (NHI) Act and how both of the two laws represented a grave threat to the future of South Africa.
“The DA will unpack our action plan and how we intend to hold the government accountable for these reckless and unconstitutional moves,” he said.
Steenhuisen’s spokesperson, Charity McCord, confirmed that he would address media in Cape Town on the DA’s response to the signing of the Expropriation Act, the ANC’s agenda to force into effect the NHI, and the impact which these have on the GNU.
“Steenhuisen will address the DA’s next steps, and actions to be taken immediately,” McCord said.
Public Works and Infrastructure Minister Dean Macpherson will join the media briefing, along with the party’s national spokespersons.
Macpherson and his deputy, Sihle Zikalala, appear to hold differing views on the new law.
Zikalala welcomed what he described as “seminal and ground-breaking” signing of the Expropriation Bill.
He also said the legislation affirmed the role of the stake in unlocking land for socio-economic development and distributive processes, and paved the way for expropriation in the public interest and full alignment with the Constitution.
“This is the legislation that will take South Africa in reality on the path of economic transformation and inclusive growth.”
Zikalala said the signing of the Bill was a culmination of the long history waged by the forebears against the dispossession of the majority of blacks through the 1913 Land Act and the Group Areas Act.
“We will use the newly promulgated legislation to enhance the delivery of infrastructure development programme, industrialisation and agricultural reform that improves food security,” he added.
But, Macpherson took to social media X, stating that there will be no expropriation of private property without compensation on his watch.
“The guarantee of property rights under Section 25 of the Constitution is not up for debate and is non-negotiable,” he said.
Macpherson also said in terms of the law, only ministers implement laws and regulations.
“Anyone who claims to speak for the department is just giving an opinion,” he said, in veiled reference to Zikalala’s statement.
The signing of the Bill has attracted a mixed reaction, with Cosatu saying it was “a necessary legislative overhaul of the existing 1975 Expropriation Act” while ActionSA stated that the bill “ultimately allows the government to unilaterally set the price if an agreement cannot be reached”.
Freedom Front Plus leader Pieter Groenewald said his party will challenge the constitutionality of the law in the Constitutional Court.
“Should it be found unconstitutional, the FF Plus will do everything in its power as member of the Government of National Unity (GNU) and Cabinet to have an amendment bill issued to address the law’s unconstitutionality,” Groenewald said.
He claimed that Ramaphosa did not consult with the GNU before signing the law.
“The FF Plus is convinced that it is unconstitutional, and will seriously jeopardise South Africa’s economy and stability.
“One of the most important corner stones of a free market economic system is the right to private land and property ownership. This Bill comes down to nothing but expropriation without compensation, which jeopardises all proprietorship,” he added.
AfriForum called on Macpherson to refuse to be a co-signatory to the contentious law.
The institution’s head of pubic relations, Ernst van Zyl, said it was Macpherson’s duty to refuse to be a co-signatory of the Expropriation Act.
“If the minister proclaims the Expropriation Act’s commencement as co-signatory, he will confirm that the ANC has fully absorbed and neutralised the opposition parties in the GNU. This is, therefore, going to be a critical test for the GNU,” Van Zyl said.