Lagos, Nigeria – South Africa’s Expropriation Act, recently signed into law by President Cyril Ramaphosa, has reignited debates over land reform and historical injustices. The law, which allows the state to expropriate land in the public interest with just compensation, replaces the 1975 apartheid-era legislation.
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While proponents see it as a necessary corrective measure, critics—including the US administration—argue it threatens property rights and foreign investment.
The US government, led by President Donald Trump, has expressed strong opposition to the law. Reports indicate that Washington is considering halting funding to South Africa, including contributions to PEPFAR, a program critical to the country’s HIV/AIDS response.
Trump’s administration has also launched an investigation into what it terms “land confiscation,” a characterization the South African government firmly rejects.
Legal experts emphasize that the Act aligns with South Africa’s Constitution, particularly Section 25, which permits expropriation for public purposes with equitable compensation.
Professor John Stremlau of the University of the Witwatersrand argues that the law addresses historical land ownership imbalances while upholding due process. “This is not about arbitrary confiscation but about correcting systemic disparities in a legal and structured manner,” he told SAnews.
The controversy has raised concerns over the future of US-South Africa relations, particularly regarding the African Growth and Opportunity Act (AGOA), a key trade agreement providing duty-free access to the US market.
Stremlau believes that despite political tensions, economic pragmatism will prevail. “South Africa’s middle-income status complicates its position within AGOA, but history shows that economic interests often override political disputes,” he said.
Amid diplomatic friction, South African officials remain steadfast in defending the Act. Public Works and Infrastructure Minister Dean Macpherson reiterated that land will not be seized arbitrarily, emphasizing the Act’s adherence to legal frameworks and court oversight. “This government will always prioritize national interests, and due process is embedded in this law,” he stated.
As Ramaphosa prepares to address the nation in the upcoming State of the Nation Address (SONA), the Expropriation Act is expected to feature prominently. With domestic and international stakeholders watching closely, the debate over land reform remains a defining issue in South Africa’s post-apartheid transformation.
