South African Public Works and Infrastructure Minister Dean Macpherson has defended his department's participation in a court challenge to the Expropriation Act. The Act, which allows for expropriation of land without compensation, was signed into law by President Cyril Ramaphosa in January 2025. Macpherson's department appointed counsel in February 2025 to challenge the Act's constitutionality.
The Western Cape High Court heard the application in August, with Ramaphosa, Macpherson, and other officials cited as respondents. The Democratic Alliance, Afriforum, and the Institute of Race Relations brought the application. Macpherson explained that his department's legal representation was necessary to address issues and objections arising from the parties' submissions.
Macpherson revealed that the total amount spent on legal fees is R1,661,523.90. This includes fees paid to junior and senior counsel engaged in connection with the consolidated applications and interlocutory applications launched by the Liberty Fighters Network. The minister justified the procurement of counsel, citing his role as a cited party in litigation concerning legislation administered within his portfolio.
According to Macpherson, interlocutory applications relating to irregular steps were opposed and dismissed with punitive costs. The Liberty Fighters Network and Rayno De Beer launched successive interlocutory applications, which were dismissed. Macpherson's role was primarily to assist the court in determining an appropriate remedy if the court upheld any of the challenges.
Macpherson stated that counsel representing his department advised him and the department on constitutional, statutory, and procedural issues arising from the court application. The legal team liaised with the State Attorney and other parties, monitored developments in the proceedings, and prepared court documents where required.
The legal team also assessed the implications of the litigation for the department and ensured that Macpherson was positioned to respond appropriately to any issues that arose. Macpherson noted that he abided by the decision of the court and did not object to the admission of friends of the court, although he corrected false and misleading information.
In response to parliamentary questions, Macpherson justified the expenditure on the court action, stating that counsel was necessary to ensure the department received appropriate legal advice and remained properly represented throughout the proceedings. The minister's response was in reaction to questions from EFF MP Sharon Letlape.
Key points
- The Expropriation Act allows for expropriation of land without compensation.
- Macpherson's department spent R1,661,523.90 on legal fees related to the court challenge.
- The minister justified the procurement of counsel, citing his role as a cited party in litigation concerning legislation administered within his portfolio.
