Civil rights organisation AfriForum yesterday filed an application in the Gauteng High Court (Pretoria) to challenge the constitutionality of the Expropriation Act 13 of 2024, reports Polity.

AfriForum maintains that this Act, which was signed into law by President Cyril Ramaphosa on 20 December 2024 and the notice of its signing only published in the Government Gazette a month later, on 24 January 2025, contains serious flaws and is a real threat to the constitutional right to private property in SA.

AfriForum argues that certain sections and provisions of the Act contain inherent contradictions, which is why the court should declare the Act unconstitutional.

Alternatively, AfriForum seeks an order that those specific provisions be declared unconstitutional.

Central to AfriForum’s arguments is that section 12(3) of the Act, which provides for the expropriation of property at nil compensation, opens the real possibility of the abuse of public power in that every expropriating authority, including mismanaged local authorities, is given the power to expropriate at nil compensation.

A further major flaw AfriForum highlights is the fact that the Act allows a property owner to be deprived of their property while the matter of its expropriation is fought over in court – a process that can take many years.

In addition, according to The Citizen, AfriForum is requesting a costs order and has asked that the matter be referred to the Constitutional Court for confirmation should the High Court rule in its favour.

The respondents listed in the court papers include Ramaphosa, Public Works & Infrastructure Minister Dean Macpherson, National Assembly Speaker Thoko Didiza and NCOP chairperson Refilwe Mtshweni-Tsipane.

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