Expropriation Act challenge: Institute of Race Relations expected to present its case

The constitutional challenge to the Expropriation Act continues in the Western Cape High Court on Tuesday, with the Institute of Race Relations (IRR) expected to present its case against the legislation. Legal teams for the government and the applicants packed the courtroom on Monday as arguments from AfriForum, the Democratic Alliance (DA) and Vaderland Stigting were heard. The outcome of the case could determine whether key parts of the legislation survive, are amended, or are struck down entirely. The IRR is set to argue that expropriation without compensation amounts to State confiscation, rather than lawful expropriation. AfriForum on Monday argued that property may only be expropriated subject to compensation. The forum's spokesperson, Ernst van Zyl, said, “Private property rights have been under relentless attack for years by forces that want to abolish this right in South Africa. However, AfriForum will not let them succeed." The DA took a different approach, arguing for the court to strike down the entire act, saying it contains a serious drafting flaw that makes compensation disputes legally unworkable. The DA also contended that the legislation was passed unlawfully, claiming some provincial delegates voted for the bill without valid mandates. The application is being opposed by the government and the Economic Freedom Fighters (EFF), as an intervening party supporting expropriation without compensation.