Macpherson explains R1.66m legal costs in Expropriation Act case - IOL

Public Works and Infrastructure Minister Dean Macpherson has defended his department’s participation in a court challenge to the Expropriation Act mounted in the Western Cape High Court two months ago.

The application was brought by the DA, AfriForum, and the Institute of Race Relations, in which they asked the full bench of the Western Cape High Court to declare the Expropriation Act invalid and unconstitutional.

The Expropriation Act, which provides for expropriation of land without compensation, was signed into law by President Cyril Ramaphosa in January 2025.

In the application heard in August, Ramaphosa, the Public Works and Infrastructure Department, National Assembly Speaker Thoko Didiza, and National Council of Provinces Chairperson Refilwe-Tsipane were cited as respondents.

In his response, Macpherson explained that the department appointed counsel as early as February 2025 and that they would continue until the conclusion of the matter.

“The total amount spent to date on legal fees in relation to the litigation challenging the constitutionality of the Expropriation Act in the Western Cape High Court is R1 661 523.90. 

“This amount includes fees paid to both junior and senior counsel engaged in connection with the three applications which have been consolidated into one by the Western Cape High Court, as well as the successive opposed interlocutory applications launched by the Liberty Fighters Network, which impermissibly sought to have the minister’s explanatory affidavits set aside,” he said.

Macpherson was responding to parliamentary questions from ActionSA MP Kgosi Letlape, who asked about the expenditure on the court action and justification to be represented in court by a legal team when he had elected to abide by the decision of the court.

He said the justification for the procurement of the counsel was because he was a cited party in litigation concerning legislation administered within the Public Works and Infrastructure portfolio.

“The minister is required to have legal representation present throughout the proceedings.”

Macpherson also said there were issues that were contested, including interlocutory applications that had sought to have Macpherson’s consolidated affidavits set aside and the EFF’s application for admission as friends of the court.

Macpherson noted that interlocutory applications relating to irregular steps were necessarily and successfully opposed with the Honourable Court finding that they were devoid of merit.

The successive interlocutory applications of the Liberty Fighters Network and Rayno De Beer were dismissed with punitive costs.

“The minister abided by the decision of the honourable court (and) did not object to the admission of the various amici (friends of the court), although he was required to correct false and misleading information and delivered consolidated explanatory affidavits in these matters.”

Macpherson also said his role was primarily to assist the court in what would be an appropriate remedy were the court inclined to uphold any of the challenges.

“Counsel representing the minister were therefore in attendance at court to explain and address any issues or objections arising from the parties’ and /or the amici submissions, and importantly to attempt to answer any questions raised from the bench in relation to the applications. Counsel were thus necessary to ensure that the minister and the department received appropriate legal advice, remained properly represented throughout the proceedings.”

He also stated that the legal team that represented the department in court advised him and the department on the constitutional, statutory, and procedural issues arising from the court application.

It also liaised with the State Attorney and other parties, monitoring developments in the proceedings, as well as preparing and considering court documents where required.

The team also assessed the implications of the litigation for the department and ensured that Macpherson was positioned to respond appropriately should any issue arise.