Expropriation Bill must be testes in the Constitutional Court

29 September 2022 

The Expropriation Bill will have serious economic consequences and must be tested in the Constitutional Court, because the FF Plus is convinced that it is unconstitutional.

The Bill is misleading. Its preamble starts with Section 25 of the Constitution. It is to create the impression that it is in line with Section 25 of the Constitution as regards expropriation.

Aspects, like compensation, however, do come up and the FF Plus is, therefore, requesting and challenging government to test the proposed law in the Constitutional Court. The Constitution does indeed make provision for that.

With regard to the proposed law being misleading, the legal definition of 'property' must be considered. It includes movable and intellectual property, which may be compromised.

The truth is that, for the ANC, this law does not revolve around land reform as such. It revolves around the power that comes with landownership.

In addition to the unforeseen consequences of the Bill, there are also various clearly foreseeable consequences.

The biggest drawbacks of the proposed expropriation will most severely impact trade banks, financial institutions and especially private owners. Enterprises that want to develop the country will think twice.

These drawbacks will surely destroy the country's economy. Because private ownership is one of the cornerstones of a democracy and a free market system

The Expropriation Bill undermines these cornerstones. The results will be rising living costs, food insecurity, greater unemployment and even greater poverty.

No investor will invest their money where they know it could be expropriated without compensation.

Ultimately, the ones who will bear the brunt of it all are South Africa's youth.

Their future will be stolen by a law that should not be called the Expropriation Act, but rather, the Destruction Act.

Issued by Pieter Groenewald, FF Plus leader, 29 September 2022