The Democratic Alliance (DA) has launched a legal battle against South Africa's Expropriation Act, alleging that its promulgation is unconstitutional and that several provincial mandates were unlawfully granted.
The Democratic Alliance (DA) has taken legal action against the Expropriation Act, filing papers in the Western Cape High Court. The party alleges that the Act's promulgation is unconstitutional and that five of the final mandates from provinces in the National Council of Provinces (NCOP) were unlawful. \The DA argues that several delegates who voted in favor of the bill in the NCOP lacked the authority to do so, rendering the Act invalid.
They point to the voting process in March last year, where seven provinces supported the bill while the Western Cape opposed it and the North West was absent. The DA contends that five of the seemingly valid mandates – from Gauteng, Limpopo, the Eastern Cape, the Northern Cape, and Mpumalanga – were unlawful because the provincial legislatures did not grant them during a plenary session. \Section 65 subsection (1)(b) of the South African Constitution stipulates that all matters before the NCOP must be agreed upon when at least five provinces vote in favor. The DA asserts that the bill failed to achieve the required five valid votes, as the final mandates by the provinces were deemed unlawful. The legal challenge has sparked debate and criticism from various sectors, including the former opposition party itself
EXPROPRIATION ACT CONSTITUTIONALITY DEMOCRATIC ALLIANCE NATIONAL COUNCIL OF PROVINCES SOUTH AFRICA
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