Constitutional Challenge to the Expropriation Act

Statement by Geordin Hill-Lewis – Leader of the Democratic Alliance:

On Monday, the Democratic Alliance begins its constitutional challenge to the Expropriation Act in the Western Cape High Court. We are in court because the right to own property is fundamental to freedom, dignity and economic opportunity and because no government should be given vague and sweeping powers to take what belongs to South Africans without compensation.

This case is about every family’s home, every entrepreneur’s business, every worker’s pension and every South African who hopes one day to own something they can call their own.

The DA will ask the Court to declare the Act unconstitutional and invalid. We will demonstrate that it was passed through a defective parliamentary process and that key provisions are vague, contradictory and incompatible with the constitutional protection of property.

We will oppose expropriation without compensation in court, in Parliament and in government. We will not stand by while the foundations of ownership, investment and economic freedom are weakened.

The DA rejects expropriation without compensation, whether it is called “nil compensation”, “custodianship” or anything else. Lawful expropriation for a legitimate public purpose must remain subject to due process, independent judicial oversight and just and equitable compensation.

The answer to the historic denial of property rights is not to make property rights less secure. It is to extend secure ownership to millions more South Africans.

South Africa cannot build a growing economy on the threat that property may be taken at the discretion of politicians. Expropriation without compensation will not create one new job, build one new home or place one additional title deed in the hands of a South African family. It will frighten away investment, make it harder for businesses and farmers to obtain credit, weaken confidence and leave ordinary people poorer.

The ANC and EFF offer a politician-driven economy in which the state owns and controls more.

A DA-led national government will build a people-driven economy in which South Africans own more, invest more, build more and create more jobs.

We will protect private property, broaden ownership and build a South Africa that works—for everyone.