South Africa’s governing coalition is facing one of its biggest tests yet after the Democratic Alliance (DA), the second-largest party in the Government of National Unity (GNU), asked the High Court to strike down the country’s controversial Expropriation Act, the same legislation that fuelled a diplomatic dispute with U.S. President Donald Trump and intensified concerns over property rights among investors.
South Africa’s Democratic Alliance has asked the High Court to strike down the country’s Expropriation Act.
- South Africa’s Democratic Alliance has asked the High Court to strike down the controversial Expropriation Act, setting up a major legal battle within the country’s governing coalition.
- The law, which sparked a diplomatic dispute with U.S. President Donald Trump over land reform and property rights, remains one of South Africa’s most contentious policies.
- The case exposes deep divisions between the ANC and DA over land reform, property rights and economic policy despite their coalition government.
- The court’s ruling could reshape South Africa’s land reform programme, with significant implications for investor confidence and political stability.
The DA filed papers in the Western Cape High Court challenging the constitutionality of the law, arguing that it gives the state excessive powers to expropriate private property and undermines constitutional protections for property owners.
The party is seeking an order declaring the legislation invalid before it is fully implemented.
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The legal challenge marks a rare public confrontation between the two largest parties governing South Africa, exposing deep divisions within the coalition over one of the country’s most politically and economically sensitive policies.
South Africa’s Democratic Alliance has gone to court to challenge the Expropriation Act, reopening the land reform dispute that triggered a clash with President Donald Trump.Biznews
A law at the centre of a diplomatic storm
The Expropriation Act has been one of the defining issues in South Africa’s relations with Washington this year.
The legislation drew sharp criticism from President Trump, who accused Pretoria of enabling the confiscation of land from white farmers without compensation, a claim repeatedly rejected by the South African government.
The dispute contributed to a sharp deterioration in U.S.–South Africa relations, including the suspension of some forms of U.S. assistance and renewed scrutiny of Pretoria’s policy direction.
It also raised concerns among international investors about property rights and legal certainty, although the South African government has maintained that the law complies with the Constitution and does not permit arbitrary land seizures.
Why the DA is challenging the law
The DA argues that the Act grants the government powers that exceed constitutional limits and creates uncertainty around private property ownership.
According to the party, the legislation could discourage investment by weakening confidence in South Africa’s legal protections for businesses and property owners.
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The African National Congress (ANC), which championed the legislation, insists the law is essential for accelerating land reform while ensuring expropriation takes place only within constitutional safeguards and subject to judicial oversight.
The lawsuit exposes deep policy divisions within South Africa’s governing coalition and renews debate over property rights and investor confidence.BI Africa
The court action also highlights the policy fault lines within South Africa’s coalition government, formed after the ANC lost its parliamentary majority in the 2024 general election.
Although the ANC and DA continue to govern together, they remain divided on several major issues, including land reform, economic policy and state intervention.
The latest legal challenge is expected to test the coalition’s ability to manage those differences while maintaining political stability ahead of next year’s local government elections.
Why land reform remains contentious
More than three decades after the end of apartheid, land ownership remains one of South Africa’s most sensitive political and economic issues.
Successive governments have argued that land reform is necessary to address historical inequalities, while business groups and some investors have warned that uncertainty over property rights could undermine investment and economic growth if reforms are perceived as weakening legal protections.
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The government has repeatedly said the Expropriation Act does not authorise arbitrary confiscation of land and that any expropriation must comply with constitutional requirements, including judicial oversight and compensation where appropriate.
The High Court will determine whether the Expropriation Act is consistent with South Africa’s Constitution.
A ruling in favour of the DA could force the government back to the drawing board on one of its flagship reform laws and reshape the future of land reform in Africa’s most industrialised economy.
If the law is upheld, the ANC is likely to press ahead with implementation, while the political and diplomatic debate surrounding land reform is expected to continue.
