The Institute of Race Relations (IRR), a Johannesburg think tank, has warned that President Cyril Ramaphosa’s acknowledgment of serious flaws in the Expropriation Act has opened a new front in the fight over property rights.

In a statement this week, the IRR said the President’s admission that parts of the Act were drafted: “in error” proves that concerns raised by civil society were justified and that Parliament’s drafting process was deeply flawed.

The organisation said Ramaphosa’s defence of the broader principle of expropriation without compensation (EWC) was inconsistent with his concession.

According to the IRR, the contested provisions allowing expropriation before judicial review: “strip citizens of due process” and represent an attempt to bypass the courts.

The IRR said the episode confirms that the Expropriation Act, which the President signed in 2024, remains unconstitutional in parts and warned that it will continue to challenge its implementation through legal and advocacy channels.

The group also cautioned that uncertainty around property rights could deter investment and deepen the economic malaise already facing the country.

The controversy marks a renewed phase in South Africa’s long-running land reform debate, pitting the state’s redistributive ambitions against constitutional limits and the need for investor confidence.

The IRR said it would continue pressing for reform that respects both growth and individual rights.