Public Works and Infrastructure Minister Dean Macpherson has justified his department's participation in a court challenge to the Expropriation Act, which was mounted in the Western Cape High Court two months ago. The application was brought by the DA, AfriForum, and the Institute of Race Relations, seeking to declare the Expropriation Act invalid and unconstitutional. The Act, signed into law by President Cyril Ramaphosa in January 2025, provides for expropriation of land without compensation.
In his response to parliamentary questions, Macpherson explained that the department appointed counsel as early as February 2025, and they would continue until the conclusion of the matter. The total amount spent on legal fees to date is R1 661 523.90. This includes fees paid to both junior and senior counsel engaged in connection with the three applications consolidated into one by the Western Cape High Court.
The legal challenge was heard in August, with Ramaphosa, the Public Works and Infrastructure Department, National Assembly Speaker Thoko Didiza, and National Council of Provinces Chairperson Refilwe-Tsipane cited as respondents. Macpherson stated that the justification for procuring counsel was because he was a cited party in litigation concerning legislation administered within the Public Works and Infrastructure portfolio.
Macpherson noted that there were issues contested, including interlocutory applications that sought to have his consolidated affidavits set aside and the EFF's application for admission as friends of the court. Interlocutory applications relating to irregular steps were opposed, with the court finding them devoid of merit. The successive interlocutory applications of the Liberty Fighters Network and Rayno De Beer were dismissed with punitive costs.
Macpherson stated that his role was primarily to assist the court in determining an appropriate remedy if the court upheld any of the challenges. Counsel representing the minister attended court to explain and address issues or objections arising from the parties' and amici submissions. They also answered questions raised from the bench in relation to the applications.
The legal team representing the department advised Macpherson and the department on constitutional, statutory, and procedural issues arising from the court application. They liaised with the State Attorney and other parties, monitored developments in the proceedings, prepared and considered court documents, and assessed the implications of the litigation for the department.
Macpherson's response was to ActionSA MP Kgosi Letlape's parliamentary questions about the expenditure on the court action and justification for representation by a legal team. Macpherson abided by the court's decision and did not object to the admission of various amici, although he corrected false and misleading information and delivered consolidated explanatory affidavits.
Key points
- The Expropriation Act provides for expropriation of land without compensation.
- The total legal fees spent by the department is R1 661 523.90.
- Macpherson justified the legal costs, citing his role as a cited party in the litigation.
