A legal challenge brought by the Democratic Alliance (DA), AfriForum, the Institute of Race Relations (IRR), and Vaderland Stigting against the Expropriation Act commenced in the Western Cape High Court on 3 August 2026. The coalition is seeking to declare the Act, which was signed into law by President Cyril Ramaphosa in 2025, unconstitutional.
Government Argues Challenge Is Premature
On 6 August 2026, Advocate Kate Hofmeyr SC, representing Parliament, contended that the court should reject the application on the basis that it was filed before the legislation had even been implemented. She argued that the applicants failed to demonstrate any actual harm or specific impact on individuals since the law has not yet been applied in practice.
It chose to litigate before the Act took effect. It, therefore, chose to bring an abstract challenge before there was any impact of this law on anyone.
Hofmeyr told the court that the legal challenge is essentially premature. The state maintains that the Act provides a necessary legal framework for land reform and does not permit arbitrary property deprivation.
Constitutional Concerns And Property Rights
The applicants argue that the legislative process leading to the adoption of the Act was fundamentally flawed and inconsistent. Their heads of argument filed with the court highlight deep concerns regarding the potential for the state to utilise “nil compensation” provisions under the new framework.
At its core: persons cannot be deprived of their property rights through an incoherent, inconsistent and irrational process under a law that was adopted pursuant to an unlawful process.
The case continues to test the balance between the state’s mandate for land reform and the protection of private property rights under the Constitution. The court must now weigh whether the applicants’ challenge holds legal standing in the absence of an active expropriation case.
The proceedings are expected to continue this week as the court hears further arguments on the constitutionality of the Act; we will provide an update once the bench issues a ruling on the state’s application for dismissal.