Analysts say DA's court tactics within GNU an effective way to challenge positions it disagrees with
The DA has taken both the Expropriation without Compensation and Employment Equity Amendments Acts to the courts.
The Democratic Alliance (DA)’s federal council chairperson, Helen Zille (C), addressing the media outside the Western Cape High Court on 3 April 2025. Picture: Babalo Ndenze/EWN
JOHANNESBURG - While some have accused the Democratic Alliance (DA) of undermining the Government of National Unity (GNU) by taking matters to the courts, analysts say it's the most effective way to retrospectively challenge positions it disagrees with.
The DA has taken both the Expropriation without Compensation Act and the Employment Equity Amendments Act to the courts.
In April, it successfully challenged the passing of a fiscal framework in Parliament, a move the African National Congress (ANC) pushed through with the help of non-GNU parties like ActionSA and Build One South Africa (BOSA).
The DA is the second-largest member of the GNU.
Its attempts to reverse the government’s stance on the two acts, as well as the Basic Education Laws Amendment (BELA) Act and the National Health Insurance (NHI) Act, have been politically unsuccessful.
READ: DA argues Parly erred in processing of Employment Equity Amendment Act
Independent analyst, Luhkona Mguni, said it was not surprising, as the DA is known for being litigious.
But he said that government must ensure there are no gaps in the laws passed.
"The other question is those who frame legislation, regulations and policies are adherent to the Constitution, cause whether they are taken to court by the DA, or any other entity for that matter, if what they are prescribing and what they are putting on paper and passing through our institutions of democracy does not stand constitutional master, then there is a problem."
This week has also seen the courts deliver judgment on the dual citizenship challenge and cadre deployment, which were taken up during the DA's time on the opposition benches.
Meanwhile, Wit's University's Professor Susan Booysen said that the DA's decision to use the courts sent an important message to its supporters.
"DA wants to show its followers, its voters, that yes, we have influence to make a difference. We saw it articulated in a statement by Helen Zille a day or so ago, where she says they will operate in whatever way it has the most impact."