South Africa’s Expropriation Act, signed into law by President Cyril Ramaphosa in January 2025, has become the focus of sharp political and legal divisions, with the Democratic Alliance and advocacy groups mounting a constitutional challenge in the Western Cape High Court and Cape Town’s mayor opening an intergovernmental dispute over municipal police powers, both developments reflecting deep disagreements in the current Government of National Unity and ongoing debates about land reform and law enforcement authority.

Legal Challenge Against The Expropriation Act

The Expropriation Act allows the government to seize private land without compensation under specified conditions, aiming to address land dispossession and economic inequality rooted in apartheid-era policies, according to an official statement from the presidency. The Act defines expropriation as the compulsory acquisition of property by organs of state or authorised ‘expropriating authorities’, aligning the process with constitutional requirements, as detailed in explanatory documents published by government.

Opposition parties, led by the Democratic Alliance, and supported by organisations such as the Institute for Race Relations and AfriForum, argue the Act contravenes Section 25 of the Constitution. Legal papers filed in August 2026 allege the law undermines private property rights and exposes landowners to arbitrary seizure. Court documents show the groups have requested the High Court to declare the Act invalid. The presidency has stated the law is a corrective measure addressing historical injustices, but the outcome now rests with the judiciary.

Metro Police Powers And Ongoing Governance Tensions

Separate from land reform disputes, authority over municipal policing has also come under scrutiny, with Cape Town Mayor Geordin Hill-Lewis formally declaring an intergovernmental dispute on 9 August 2026. According to the City of Cape Town, the dispute centres on the powers allowed to Metro Police—forces established to enforce local bylaws and provide traffic policing, operating outside the structure of the South African Police Service.

The disagreement reflects broader tensions within the Government of National Unity, particularly with the rise of the Progressive Caucus, a bloc including the Economic Freedom Fighters and the uMkhonto we Sizwe (MK) party. The Caucus advocates for radical economic transformation and land expropriation without compensation, as stated in parliamentary policy documents. These debates have revealed clear fault lines not only over land policy but over local versus national control of policing, with potential implications for service delivery and community security.

The Western Cape High Court is expected to schedule hearings on the Expropriation Act in the coming months, while the dispute over Metro Police powers remains under review by the Department of Cooperative Governance and Traditional Affairs.