On either argument, the Expropriation Act was passed unconstitutionally. In an affidavit before court, replying to the IRR Legal case, Didiza says the Expropriation Act “does not contradict section 25”, but “gives concrete legislative content to it”. Didiza notes that section 12 of the Expropriation Act provides the relevant circumstances where seizure without compensation could take place. Ramaphosa notes that the law is meant to replace the outdated Expropriation Act of 1975, which predates the current democratic dispensation. Economic Freedom Fighters leader Julius Malema has argued that the Expropriation Act is consistent with the Constitution.