Excerpt: Liberty Fighters Network has uncovered what appears to be preferential treatment in AfriForum’s challenge to the Expropriation Act. Despite no record of a properly lodged application or enrolment on the urgent court roll, Deputy Judge President Ledwaba issued an order transferring AfriForum’s case to Cape Town — while thousands of ordinary litigants wait years for justice. On 12 July 2025, we formally placed AfriForum and the State Attorney on terms to prove this process was lawful by 15 July 2025, failing which we will escalate the matter to the Judicial Service Commission, the Legal Practice Council, and apply for rescission of the order. This is about more than one case — it is about whether South Africans can trust that our courts treat everyone equally.
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On 4 July 2025, AfriForum and the State Attorney — acting for the President of the Republic, the Minister of Public Works and Infrastructure, the Speaker of the National Assembly, and the Chairperson of the National Council of Provinces — secured an order removing AfriForum’s challenge to the Expropriation Act from the Gauteng Division, Pretoria, to the Western Cape Division, Cape Town.
At face value, this might appear routine. But when Liberty Fighters Network (LFN) began to investigate, a series of troubling anomalies came to light — anomalies that point to the deep unfairness ordinary South Africans face when they try to assert their rights in our courts.
What We Discovered
- No Record of Lodgement
We searched Court Online, the official electronic filing platform. No trace of any proper application to remove the matter could be found. AfriForum’s attorneys, Hurter Spies Attorneys, later circulated what they called “proof of filing”, but this was only an application for an urgent date allocation — not the actual removal application. Worse still, it was marked clearly as “pending approval” by the Registrar. - No Enrolment on the Roll
We examined the urgent court rolls for the week of 4 July 2025. AfriForum’s case was not enrolled before either Mngqibisa-Thusi J or Myburgh AJ, the designated urgent judges. In fact, Deputy Judge President Ledwaba, who signed the order, was not even listed for urgent court duty. - Emails to Hurter Spies Attorneys
On 11 and 12 July 2025, our President, Reyno De Beer, sent detailed correspondence to Mr. Wian Spies, putting AfriForum and the State Attorney on terms. We demanded full disclosure of how this order was obtained without a proper paper trail or compliance with the rules every other litigant must follow. - Preferential Treatment?
The result was what Mr. De Beer aptly called a “KFC Drive Thru” court order — fast, convenient, and evidently reserved only for those with privileged connections. Meanwhile, thousands of ordinary South Africans wait years for the courts to hear their cases, despite following every rule to the letter. - A Serious Warning Issued
In our email of 12 July 2025, we made it clear: if AfriForum and the State Attorney cannot produce verifiable proof that this process was lawful and legitimate by Tuesday, 15 July 2025, LFN will proceed without further notice to:- Report Deputy Judge President Ledwaba to the Judicial Service Commission,
- File complaints against the attorneys involved with the Legal Practice Council, and
- Apply to have the order rescinded in the public interest.
Why This Is So Serious
The Respondents in this matter are not minor players. They include:
- The President of South Africa,
- The Minister of Public Works and Infrastructure,
- The Speaker of the National Assembly, and
- The Chairperson of the National Council of Provinces.
If rules can be bent in secret for such politically significant litigants, the entire public’s trust in the fairness of our judiciary is at stake.
Our Position
LFN has always stood for equal access to justice — without fear or favour. We have now put AfriForum and the State Attorney on formal terms to produce evidence proving that this was not a backroom deal.
If they fail to do so by 15 July 2025, we will take every lawful step necessary to defend the principle that no litigant is above the law.
The Expropriation Act is a matter that affects the property rights of every South African. We owe it to you—our supporters—and to every citizen to ensure that this matter is adjudicated with integrity, transparency, and respect for due process.
We will keep you informed every step of the way.
Our rights, and the rights of the People of South Africa, remain reserved in toto.
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