The Act has been controversial throughout its legislative history, owing in particular to its provision for the payment of "nil compensation" to persons whose land is expropriated in certain specified circumstances.
The public interest is defined in section 25(4)(a) of the Constitution as including initiatives supporting land reform and equitable access to natural resources.
In cases of disagreement over expropriation matters, particularly regarding compensation, the judicial system maintains ultimate authority in determining appropriate resolutions through court proceedings.
[6] The African National Congress, which initially introduced the legislation during the previous parliament, characterised the Act as a transformative mechanism for advancing land reform whilst promoting economic development and unity.
[8] The legislation's enactment generated significant debate regarding its democratic legitimacy, particularly given the changed parliamentary composition following recent elections.
The Democratic Alliance announced intentions to contest the law's validity while acknowledging constitutional provisions for redress and restitution.
[8] On 7 February 2025, Donald Trump, the 47th president of the United States, signed an executive order halting foreign aid or assistance delivered or provided to South Africa, to the maximum extent allowed by law and subject to the discretion of the head of the relevant executive agency, on the basis of the enactment of the Expropriation Act and South Africa's genocide case against Israel at the International Court of Justice.