The constitutional challenge to the Expropriation Act took a dramatic turn in the Western Cape High Court, as tensions within the Government of National Unity (GNU) appeared to spill into the courtroom.
Judges questioned why Public Works Minister Dean Macpherson, who is cited as the first respondent in the Democratic Alliance (DA) application, did not file papers setting out his legal position on legislation that his department will ultimately be responsible for implementing.
Instead, Macpherson filed an explanatory affidavit, indicating he would abide by the court’s decision while remaining available to assist on legal issues if called upon.
However, the bench questioned whether that amounted to a political rather than a legal decision.
Judge Vincent Saldanha says, “Well, we would certainly like to know what the minister’s position is on the merits, but it’s not in our mouths to force him to tell us; that’s his election to make. All we’ve pointed out is that he’s a member of the executive; he’s firmly involved in this Act and the eventual application of it. He really doesn’t want to express a view on the merits, which I suspect may not necessarily be a legal decision. It might be a political decision.”
VIDEO | DA challenges Expropriation Act in court:
-Reporting by Mkhokheli Bandla.
