AfriForum challenges Expropriation Act sections in Western Cape High Court

The organization contends that Section 25 of the constitution does not allow for a category of land expropriation without compensation, making Section 12.3 of the Act, which outlines circumstances for nil compensation, unconstitutional. AfriForum specifically objects to the phrase "including, but not limited to" in Section 12.3, arguing it grants excessive discretion to the government. They assert that Section 25 requires a weighing-up process to achieve an equitable balance, which Section 12.3 alters by starting with a category of properties for no compensation.

Additionally, AfriForum challenged Sections 192 and 193 of the Act, which permit land expropriation before compensation is agreed upon or a court ruling is made, arguing these contravene Section 25 of the constitution. They requested these sections be declared unconstitutional and remitted to Parliament for amendment within 24 months. AfriForum also argued that government interference with the balance in compensation leads to undercompensation, which is not equitable.

The organization further expressed concern about leaving the expropriation process in the hands of an administrator, emphasizing that an administrator is not a judge and cannot apply the law in the same manner as a judicial officer.