South Africa's land law explained – and why it so inflames Donald Trump
Context:
South African President Cyril Ramaphosa's approval of a new land expropriation law without compensation has sparked significant controversy, drawing criticism from both US President Donald Trump and local political parties. The law aims to address racial inequalities in land ownership by allowing the government to expropriate land, particularly when it is not used or held for speculative purposes, without compensation in certain cases. Legal experts argue that the law will mainly support land reform programs and not target productive agricultural land, though it has faced opposition for potentially undermining property rights. The law's implementation remains uncertain, as Ramaphosa has not set an enactment date, partly due to international diplomatic tensions and domestic political challenges. Political divisions in South Africa are evident, with some supporting the law as a necessary step toward racial equality, while others, like the Democratic Alliance, oppose it and seek judicial review to ensure fair compensation is adjudicated by the courts.
Dive Deeper:
The new land law in South Africa permits the expropriation of land without compensation under specific conditions, primarily to advance racial equality in land ownership and address historical dispossession of black communities during apartheid.
Critics, including US President Donald Trump and South Africa's Democratic Alliance, argue the law discriminates against white farmers and undermines property rights, with Trump imposing tariffs and reducing aid to South Africa in response.
Legal experts Bulelwa Mabasa and Thomas Karberg clarify that expropriation without compensation (EWC) would occur in limited scenarios, such as when land is unused or abandoned, and it is not expected to affect productive agricultural land.
The South African government has historically compensated landowners at market value, contrary to the constitutional provision for 'just-and-equitable' compensation, but the new law aims to adjust this to align with constitutional principles.
Public Works Minister Dean Macpherson defends the legislation, highlighting its potential to prevent extortionist demands on the state and address issues like illegal occupation of abandoned urban properties, though he emphasizes it will not apply to farmland.
The law's future remains uncertain, with President Ramaphosa delaying implementation to avoid further diplomatic tensions, particularly with the US, and amid ongoing domestic opposition and potential court challenges led by the Democratic Alliance.
The political landscape in South Africa is deeply divided on the issue, with some factions, like Julius Malema's Economic Freedom Fighters, arguing the law does not go far enough in addressing land inequality, while others fear its implications for property rights and economic stability.