After President Cyril Ramaphosa signed the Expropriation Bill into law, many might have questions about what this means.
The Bill repeals the pre-democratic Expropriation Act of 1975 and sets out how organs of State may expropriate land in the public interest for varied reasons.
This legislation has undergone a five-year process of public consultation and parliamentary deliberation, aligning legislation on expropriation with the Constitution. The legislation was passed by the National Council of Provinces in March 2024.
It is only human to be curious about certain aspects of the new Bill and the government has answered seven frequently asked questions.
Constitutional safeguards
- The Act adheres to Section 25 of the Constitution which ensures that the expropriation is fair, lawful, and not arbitrary.
Which department is responsible for implementing the Expropriation Act?
- The Department of Public Works and Infrastructure is the implementing agent for the Expropriation Act.
Who can expropriate?
- The Department of Public Works and Infrastructure has the primary authority as per the new law.
- Only government bodies or designated authorities can expropriate.
- Under the Act, no private entity has the power to expropriate.
Which properties can be expropriated?
- According to the Act, properties such as land, buildings, and other assets for legitimate public use can be expropriated.
What does expropriation without compensation mean?
- This will not apply indiscriminately; strict conditions must be met such as land not in use, land acquired through state subsidies, and abandoned property.
Economic impact and investor confidence
- According to the Act, measures are in place to maintain investor confidence and economic stability.
How will South Africans benefit from this new law?
- Land reform and equitable ownership.
- Improved public infrastructure such as roads, housing, and schools.
- Economic growth and job creation.
- Rural development and enhanced food security.
- Affordable housing and reduced overcrowding.
- Fair and transparent expropriation processes.
- Support for public interest projects such as water conservation and empowerment.
- Increased economic participation for marginalised groups.
robin.francke@iol.co.za
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