Issued by Daniela Ellerbeck on behalf of the FW de Klerk Foundation on 20/10/2025

The FW de Klerk Foundation notes with grave concern the recent admission by President Cyril Ramaphosa that the Expropriation Act, 2024, contains unconstitutional provisions. This admission confirms what the Foundation has consistently warned: the Act is unconstitutional.

“While the President’s admission pertains to sections of the Act that allow expropriation to take place before the landowner can challenge the matter in court, these are not its only unconstitutional provisions,” says Daniela Ellerbeck, an attorney and the Manager of the FW de Klerk Foundation’s Constitutional Rights Programme.

“Of particular concern is its provisions allowing for land to be expropriated for nil compensation which are fundamentally at odds with the Constitution. South Africa’s Constitution is clear; it requires that when any type of property is expropriated, just and equitable compensation must be paid. The Expropriation Act, however, introduces the possibility of nil compensation. The Foundation’s legal analysis demonstrates that nil compensation and just and equitable compensation are not the same,” explains Ellerbeck.

“The Act does nothing to tackle the real obstacles to land reform. These are corruption, lack of political will and administrative inefficiency,” states Christo van der Rheede, the Foundation’s Executive Director. “The Foundation believes that giving people ownership, by giving them title deeds, will unlock economic potential, restore dignity and create real opportunities for wealth creation – without undermining constitutional rights or the rule of law. South Africa should expand property rights rather than restrict and dilute them.”

The Act is currently being challenged in the Cape Town High Court. In accordance with section 172(2)(a) the Constitution, should the High Court order that the Act is unconstitutional, the order must be confirmed by the Constitutional Court before it will be of any force.

In accordance with section 31 of the Expropriation Act, 2024, the Act is not yet in operation. The FW de Klerk Foundation confirms that at the date of writing no date for the Act coming into operation has been promulgated.