The Inkatha Freedom Party (IFP) rejects the decision of the President to sign the Expropriation Bill into law. This decision undermines the spirit of consensus and collaboration that is fundamental to the Government of National Unity (GNU) framework.
As the IFP, we have consistently maintained our principled opposition to the current version of the Expropriation Bill. While we support meaningful land reform that is just, equitable, and aimed at addressing historical injustices, the Expropriation Bill as it stands falls short of these principles.
Our key objections, reiterated during parliamentary debates, include the following:
1. “Nil Compensation” Provisions: The open-ended and vague clauses under Clause 12(3) allow for potential abuse by expropriating authorities. This provision lacks legal certainty and creates room for arbitrary targeting of landowners, undermining investor confidence.
2. Prejudicial Litigation Framework: Clauses such as 15(3) and 19(8) unfairly burden landowners, forcing them to cede possession of property even when disputes over compensation remain unresolved. This is highly prejudicial and places individuals at a disadvantage against the state.
3. Constitutional Concerns: We have consistently called for the Bill to be referred to the Constitutional Court for a declaratory order on its constitutionality. Additionally, procedural irregularities in the NCOP, including provincial mandates, remain unresolved.
The Act represents an ill-conceived and hasty approach to mask failures in implementing meaningful land reform since 1994. The lack of thorough consultation and careful consideration is reflective of a populist agenda rather than a genuine commitment to addressing the plight of South Africans who are still waiting for justice and fairness in land distribution.
The President’s decision to proceed with signing this contentious legislation into law disregards the significant shift in the political and governmental landscape brought about by the GNU. It is deeply concerning that the President would ignore the potential for constructive engagement within this new context to ensure a truly unified and balanced approach to land reform.
Accordingly, the President should have refered the Expropriation Bill to the GNU Clearing House.
The IFP stands resolute in its commitment to opposing this Act through all available avenues, including legal recourse and continued advocacy for just, equitable, and constitutionally sound land reform.
Issued by:
Mkhuleko Hlengwa MP
IFP National Spokesperson
Date: 23 January 2025
