AFRA ADMITTED AS AMICUS CURIAE IN EXPROPRIATION ACT CHALLENGE
The Association for Rural Advancement (AFRA), represented by the Legal Resources Centre, has been admitted as amicus curiae in the matter of Afriforum NPC v President of the Republic of South Africa and Others, in which Afriforum seeks to challenge the constitutionality of various provisions of the Expropriation Act 13 of 2024. One of their challenges relates to the provision in the Act which allows for expropriation for nil compensation in certain limited circumstances.
AFRA works closely with labour tenants and farm dwellers to realise security of tenure and has a long history of advancing equitable redress for land dispossession. In its submission, AFRA argues that reduced or nil compensation is not a silver bullet, but only part of the solution for effective land reform. AFRA contends that Section 25 of the Constitution of South Africa must be read as a whole and that the Constitution requires restitutionary equality. AFRA further, highlights that the Act’s provision for reduced or nil compensation in appropriate circumstances, including under the Land Reform (Labour Tenants) Act 3 of 1996, is constitutionally permissible and aligns with various international and foreign authorities.
AFRA ultimately seeks to ensure the preservation of several key progressive provisions in the Act. Ensuring that South Africa’s expropriation framework is both progressive and effective to achieving many of the key land reform objectives entrenched in Section 25 of the Constitution.
The hearing is expected to take place in August 2026 in the High Court of South Africa, Western Cape Division, Cape Town.
For further comment, please contact:
Siya Sithole – AFRA Strategy Manager | siya@afra.co.za | 064 957 7767 or 033 345 7607
Claire Rankin – LRC Candidate Attorney | claire@lrc.org.za | 073 336 6199 or 046 622 9230
Ektaa Deochand – LRC Attorney | ektaa@lrc.org.za | 011 038 9709
