The issue of land expropriation without compensation in South Africa has sparked heated debate, particularly with the 2019 seizure of a 34-hectare property, Portion 406 of Driefontein Farm in Ekurhuleni, valued by owners at R30 million (some estimates reach R64 million). This case, now headed for court-directed mediation in October 2025 and a trial in February 2026, is a flashpoint for testing the new Expropriation Act of 2024 and Section 25 of the Constitution
The City of Ekurhuleni expropriated the land for social housing to address a 427,802-unit backlog, offering zero compensation. The city argues the land was vacant for 30 years, held speculatively, and that public interest—housing 43,112 hostel residents—outweighs the owner’s claim. Business Venture Investments 900 (BVI 900) demands R30 million, citing development plans and valuations. Ekurhuleni claims paying market value is unaffordable, making housing rights “an illusion.” Sakeliga, a business lobby, calls it a test case to stretch constitutional limits, warning of economic (property devaluations), political (coalition strains), and social (land invasion risks) fallout if upheld.
South Africa’s first case of expropriation without compensation for a government housing project is heading to court. The ANC-controlled City of Ekurhuleni (eastern Johannesburg) in Gauteng province has expropriated a 34-hectare property called portion 406 of the Farm Driefontein without compensation to “test the limits of Section 25 of the Constitution”.
Section 25 allows expropriation for public interest but mandates “just and equitable” compensation, balancing market value, history, and state investment. The 2024 Expropriation Act, signed by President Cyril Ramaphosa, permits “nil” compensation for cases like unused, speculative, or abandoned land, or where state subsidies match or exceed value. Critics, including the Democratic Alliance (DA), argue it oversteps constitutional bounds, and its legality awaits court scrutiny.
Wider Context: No widespread land grabs without compensation have occurred, despite claims. The government settled R217 million in land claims in 2024/25, mostly for black claimants, acquiring 46,767 hectares. Rise Mzansi’s Makashule Gana refutes “confiscation” narratives, noting legal processes govern redistribution. However, international criticism, notably from US figures like Donald Trump and Marco Rubio, mislabels the Act as enabling arbitrary seizures, sparking diplomatic tensions.
Alleged Lamola Warning: A single X post from @SkyeZedA - (September 20, 2025) claims Justice Minister Ronald Lamola warned farmers to “voluntarily return land” or face unprotected uprisings. No official records, statements, or credible reports back this up, suggesting it’s likely misinformation to inflame tensions. Land reform remains contentious, with Minister John Steenhuisen’s 2025 Preservation and Development of Agricultural Land Act aiming to protect farmland, while ANC policies push equitable.
South Africa's land debate is boiling over with the Driefontein Farm case—a 34-hectare Ekurhuleni plot snatched in 2019 for zero bucks, valued at R30-64 million by owners. Mediation hits October 2025, trial February 2026, testing the 2024 Expropriation Act's "nil" comp clause against Constitution Section 25's "just and equitable" rule. Driefontein's no wild grab—it's the first real showdown on zero comp. Let see what happen next- and hear what the clever guys with the grades say.
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