The Western Cape High Court has begun hearing arguments challenging the constitutionality of the Expropriation Act.
The Democratic Alliance (DA) joined civil action groups AfriForum and Vaderland Foundation and the Institute of Race Relations (IRR) as applicants opposing the Act.
The court on Monday heard arguments from AfriForum, DA and Vaderland Foundation.
AfriForum’s legal team kicked off proceedings, arguing that land expropriation must always be subject to compensation.
Lawyers for the DA followed, arguing the Act is irrational because it creates an unworkable process for resolving compensation disputes.
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The DA also argues the Act was passed unlawfully, claiming some provincial delegates voted on the bill without valid mandates from their legislatures.
Vaderland Foundation lawyer advocate Roelof Du Plessis echoed the DA’s stance, arguing the Act is unconstitutional because it undermines private property rights.
“In so far as it may be relevant, we follow the DA approach. Then, with respect to the attack on sections 19.1, 2 and 3, we also follow the DA’s argument.”
IRR is expected to present its heads of argument on Tuesday.
Carlo Petersen
www.ewn.co.za