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South Africa’s Land Law Faces Court Challenge Amid US Aid Freeze

February 10, 2025
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A legal battle over a controversial land expropriation law, which has heightened tensions between South Africa and US President Donald Trump, has been launched by the Democratic Alliance (DA), a key member of the country’s coalition government.

The Expropriation Act permits the government to take privately owned land without compensation under certain conditions.

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Trump has halted US foreign aid to South Africa, claiming that land confiscation is already taking place.

South Africa’s government, a coalition of 10 parties led by the African National Congress (ANC), dismissed Trump’s claims, calling them “a campaign of misinformation and propaganda aimed at misrepresenting our great nation.”

After losing its majority in the May elections for the first time in 30 years, the ANC was forced into a power-sharing agreement.

The DA, the second-largest party in the coalition, argues that the Expropriation Act is unconstitutional, stating that no democratic state should have unchecked authority to seize private property without compensation.

The party accused President Cyril Ramaphosa of signing the bill into law despite its warnings against it.

Land ownership remains a sensitive subject in South Africa, where, three decades after the end of apartheid, most farmland is still owned by white citizens.

Pressure has mounted for land reform to correct historical injustices caused by decades of racial discrimination.

However, the DA, which has a largely white support base, argues that similar expropriation laws were used during apartheid to displace Black communities. The party maintains that all citizens’ property rights must be protected.

“This history teaches us that true redress requires protecting property rights, ensuring that no government is ever given unchecked expropriation powers ever again,” the party said in a statement.

Last week, the DA also raised concerns about Trump’s decision to cut off aid to South Africa.

The ANC insists that no land has been taken without compensation and that expropriation would only be used as a last resort, such as for public projects when no other legal options remain.

In an executive order issued over the weekend, Trump justified the funding freeze, stating that the US “cannot support the government of South Africa’s commission of rights violations in its country.”

He further warned that as long as South Africa “continues these unjust and immoral practices,” US assistance would be withheld.

The White House also announced plans to create a resettlement program for South African farmers and their families.

US officials stated they would prioritize humanitarian support, including allowing Afrikaners, descendants of early Dutch and French settlers, to enter the US through the Refugee Admissions Program.

In response, President Ramaphosa said he would dispatch envoys to key international partners to clarify the government’s stance on the Expropriation Act and other recent policy changes.

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