A court case challenging South Africa’s new law on expropriating private land without compensation has opened in the Western Cape High Court, with proceedings expected to last through the week. The Expropriation Act, signed into law by President Cyril Ramaphosa last year, aims to address the legacy of land dispossession and economic inequality stemming from decades of white minority rule that ended in 1994.
The law allows the South African government to expropriate land from private parties if deemed in the public interest, and permits expropriation without compensation if negotiations for a reasonable settlement fail. The government asserts that the law is intended to make unused land productive and does not permit arbitrary land seizures.
The legal challenge was brought by the Democratic Alliance, a political party now part of South Africa's unity government, alongside various lobby groups. Lawyers representing these groups argued in court that the law violates constitutional protections for private property and the prohibition of expropriation without compensation. Other plaintiffs include the Institute for Race Relations, which contends the law inadequately safeguards landowners' property rights, and the Afrikaner lobby group AfriForum.
The law has been a point of contention with the administration of former U.S. President Donald Trump, who stated the law would be used to target white farmers for land seizures. Trump cited the legislation as a reason for the U.S. withdrawing all financial aid to South Africa and imposing high trade tariffs on the country. South African officials have denied these claims, maintaining the law's focus is on productive land use.
Afrikaner farmers are descendants of European colonial settlers who arrived in the region over 300 years ago. The Trump administration had previously offered asylum to Afrikaners who claimed persecution.
Judges are expected to deliver a ruling on the case weeks or months after the proceedings conclude.