DA argues parts of Expropriation Act irrational and should be nullified

JOHANNESBURG - The Democratic Alliance (DA) has argued that parts of the Expropriation Act are irrational, saying it should be nullified.

This is contained in papers filed by the party before the High Court in Western Cape on Monday.

It is challenging the constitutionality of the recently signed act on procedural and substantive grounds.

Section 19, subsection 2 of the Expropriation Act provides that if the expropriating authority and disputing party do not settle the dispute by consensus or mediation, either party may, within 180 days of the date of the notice of expropriation, institute proceedings in a competent court to decide or approve the amount, time, and manner of payment of just and equitable compensation.

But the DA finds the time limit imposed in the section irrational.

It argues that, according to the section, an authority cannot issue a notice of expropriation until they have decided to expropriate but also prescribes that where there is a dispute, an authority cannot decide to expropriate until a court approves the compensation.

Thus, a notice of expropriation can only be issued after a court determines the compensation and not before.