DA files papers challenging the promulgation of the Expropriation Act

JOHANNESBURG - The Democratic Alliance (DA) has filed papers before the Western Cape High Court challenging the promulgation of the Expropriation Act.

The party argues, among others, that the promulgation is unconstitutional and that five of the final mandates from provinces in the National Council of Provinces were unlawful.

In January, President Cyril Ramaphosa signed the bill into law.

However, the move has received criticism from many sectors including from the former opposition party.

In papers, the DA argues that several delegates who voted in favour of the bill in the National Council of Provinces (NCOP) had no authority to do so – therefore rendering the act unconstitutional.

In March last year, seven provinces voted in favour of the bill while the Western Cape voted against and the North West was not present.

However, the party submits that only two of these provinces lawfully voted in favour of the bill.

It says the five alleged unlawful mandates were from Gauteng, Limpopo, the Eastern Cape, the Northern Cape and Mpumalanga because the provincial legislatures did not confer the mandates during a plenary session.

Instead, it continues, the speakers of the legislatures conferred the mandates.

Section 65 subsection (1)(b) of the constitution requires that all questions before the ncop are agreed on when at least five provinces vote in favour of a decision.

Because of this, the da argues that the bill failed to meet the required five valid votes considered in the constitution as the final mandates by the provinces were unlawful.