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AfriForum’s legal battle to challenge the constitutionality of the Expropriation Act began today in the Western Cape High Court in Cape Town. Several applicants and respondents are involved in this case. AfriForum, as one of the applicants, began presenting its case today. The civil rights organisation’s legal team will continue to present further arguments tomorrow.

In presenting its arguments today, AfriForum focused on the need for Sections 12(3), 12(4), and 19(8) of the Expropriation Act to be scrapped, and for Section 19(2) to be amended due to its unconstitutionality.

The organisation’s legal team emphasised that Sections 12(3) and 12(4) – which allow for expropriation without compensation – are in contravention of Section 25 of the Constitution and must therefore be removed from the Act.

Furthermore, it was pointed out that Sections 19(2) and 19(3) allow for expropriation before compensation has been agreed upon or determined by a court. President Cyril Ramaphosa had already acknowledged in his answering affidavit last October that these sections of the Act are unconstitutional. AfriForum is requesting that these sections be referred back to Parliament for proper redrafting and is prepared to accept an interim reading-in order ensuring that compensation is agreed upon or determined by a court before expropriation takes place. 

According to Kallie Kriel, CEO of AfriForum, the organisation’s legal team clearly stated in court today that expropriation without compensation is unconstitutional. “Since a disregard for property rights could have catastrophic consequences for the country and its people, AfriForum stands ready to fight this case to the very end with every resource at our disposal,” Kriel emphasised.

Ernst van Zyl, AfriForum’s Head of Public Relations, was also present in court today. “The courtroom at the High Court in Cape Town was packed to capacity today with both allies and opponents of the right to private property. It is encouraging that AfriForum is not fighting alone for the protection of this right,” he concludes.

The case continues until Friday 7 August.

Issued by AfriForum