Why Trump and Musk are accusing South Africa of human rights violations

The controversy centres around property rights, compensation policies, and allegations of discrimination against South Africa's white minority population.

The New Expropriation Law and source of controversy

As far back as 2020, the South African government set in motion the processes involved in passing the law. The Expropriation Act (Act 13) was signed into law by President Ramaphosa in January 2025 after years of legislative debate. The law repeals the 1975 Expropriation Act and outlines how state entities may expropriate land in the public interest.

The legislation allows for property to be expropriated with or without compensation, depending on the circumstances. While compensation is generally mandated, Section 12(3) permits “nil compensation” if deemed just and equitable. This section grants the expropriating authority the discretion to decide when it may be just and equitable to provide no compensation, despite the broader provisions of Section 12, which primarily suggests compensation in line with Section 25 of the 1996 Constitution.

According to South Africa’s government, the purpose of the law is to address historical land inequalities stemming from the 1913 Land Act and apartheid-era policies that dispossessed Black South Africans of land ownership rights.

Trump and Musk respond

Trump and Musk have fiercely criticised the law. In a swift response to the law, President Donald Trump in an executive order issued on February 7 stated that he will cut all funding to the country over what he claims are “massive” human rights violations against white people due to a new land expropriation law.

"I will be cutting off all future funding to South Africa until a full investigation of this situation has been completed!" Further adding later that, "So that's under investigation right now. We'll make a determination, and until such time as we find out what South Africa is doing - they're taking away land and confiscating land, and actually they're doing things that are perhaps far worse than that."

“It is the policy of the United States that, as long as South Africa continues these unjust practices, we will provide no aid,” Trump declared. He also promised to promote the resettlement of Afrikaner refugees seeking to escape government-sponsored discrimination.

Elon Musk, who was born in South Africa, echoed Trump's sentiments, accusing the government of "racist ownership laws" and claiming that white farmers were facing “grave danger.”

US government data reveal that in 2023, the US supported South Africa with about $440m.

Ramaphosa's Response

The South African government dismissed Trump’s allegations, emphasising its commitment to constitutional democracy. Ramaphosa refuted claims of arbitrary land confiscation or targeted discrimination, calling them “baseless.” he wrote on X, "South Africa is a constitutional democracy that is deeply rooted in the rule of law, justice and equality. The South African government has not confiscated any land. The recently adopted Expropriation Act is not a confiscation instrument but a constitutionally mandated legal process that ensures public access to land in an equitable and just manner as guided by the constitution. South Africa, like the United States of America and other countries, has always had expropriation laws that balance the need for public usage of land and the protection of the rights of property owners. South Africa values all its citizens, Black and white. The notion that Afrikaners are facing persecution is devoid of truth,” the spokesperson stated..."

White minority groups reject US refugee offer

Interestingly, Afrikaner advocacy groups rejected Trump's proposal to resettle South African whites in the US. Chief executive of the Afrikaner trade union Solidarity, Dirk Hermann asserted that their members are committed to staying in South Africa and building a future in the country.

"We work here, live here, and are not going anywhere," Hermann said.

Historical Context

Deputy Public Works Minister Sihle Zikalala defended the law as a necessary step to correct historic injustices, noting that it aims to address the unequal land distribution without destabilizing the country’s economy.

The South African government insists that the law is about correcting historical injustices rather than punishing any group. Under apartheid, the Black majority faced widespread discrimination, including severe restrictions on land ownership.

Although apartheid officially ended in 1994, most private farmland remains in the hands of white South Africans, who constitute about 7% of the South African population yet hold about 3/4 of all lands in the country. A reality the ruling African National Congress (ANC) aims to change through legislative measures like the Expropriation Act.

Underlying issues straining US-South Africa relations

• Gaza War and ICJ Accusation

While it may seem as though the Expropriation Law were the only cause of discontent for the US government, Trump in his executive order highlighted the Israel-Palestine war and South Africa's alignment with Gaza. Section 1 of the executive order read in part, "In addition, South Africa has taken aggressive positions towards the United States and its allies, including accusing Israel, not Hamas, of genocide in the International Court of Justice and reinvigorating its relations with Iran to develop commercial, military, and nuclear arrangements."

• USAID withdrawal

While Trump announced on the day he was sworn in to shut down the United States Agency for International Development (USAID) globally, he further reiterated specifically to halt all aid to South Africa through the agency. "All executive departments and agencies (agencies), including the United States Agency for International Development, shall, to the maximum extent allowed by law, halt foreign aid or assistance delivered or provided to South Africa and shall promptly exercise all available authorities and discretion to halt such aid or assistance," Section 3 of the executive order read.

The freeze on USAID is already affecting South Africa, which has one of the world’s highest HIV/AIDS infection rates. With approximately 8.5 million people living with HIV - representing a quarter of all global cases.