President Cyril Ramaphosa has officially signed into the law the Expropriation Bill.
Image: Siyasanga Mbambani / GCIS / DoC
President Cyril Ramaphosa officially signed into law the Expropriation Bill.
This piece of legislation has undergone a five-year process of public consultation and parliamentary deliberation, aligning legislation on expropriation with the Constitution. It was officially passed by the National Council of Provinces in March last year.
According to a press statement from the Presidency, 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.
Imagine you have a toy that you really like, and one day someone, like the government, says, "Hey, we need your toy because it will help everyone." But they can't just take your toy without asking. First, they need to talk to you to see if you can agree on it. If they can't make a deal with you, then they can take your toy, but they have to pay you something fair in return," explains Ai tool, ChatGPT.
It went on to state that now government has made a new rule on how it can take people's toy, land in this case when it is really needed for the community but it has to be fair.
"They can't just take it because they feel like it, and they need to try to talk to the person who owns it first. If they can't agree, the law helps them figure out what to do next," ChatGPT said.
According to the Presidency, an expropriating authority is therefore obliged to enter into negotiations with the owner of a property required for such purposes.
"An expropriating authority must also attempt to reach an agreement on the acquisition of the property before resorting to expropriation - except in circumstances where the right to use property temporarily is taken on an urgent basis in terms of a provision in the legislation.
"The law provides for disputes to be referred for mediation or to appropriate courts," the Presidency said.
Thursday's signing has been met with mixed reaction with some political parties welcoming the "a balanced perspective in protecting the rights of the expropriated holder and the public interest", while political parties and advocacy groups vowing to continue to fight against it.
African National Party (ANC) chief whip, Mdumiseni Ntuli, said contrary to the propaganda and fear mongering, this law is not an attack on certain groups.
He said it is rather about inclusion and recognises the diversity and historical injustices suffered by the majority of black South Africans under colonialism and apartheid.
"It is also significant that expropriation of land may not be arbitrarily exercised. The expropriating authority must show that there was an unsuccessful attempt to reach an agreement with the owner or holder of a right in property for the acquisition thereof on reasonable terms," Ntuli said.
Meanwhile the Economic Freedom Fighters (EFF) rejected the signing. The party called for the act to include provisions for State custodianship of the land, and a mere act cannot override the constitution.
The Democratic Alliance (DA) added that it will challenge the bill.
"We are in discussions with our legal team to formulate our case. While we recognise that the Constitution allows for acts to redress the restitution, including land reform, we have more serious reservations about the procedure as well as important substantive aspects of the bill," said DA national spokesperson, Willie Aucamp.
The Cape Independence Group has also called for action against the bill, adding that it represents a direct assault on the fundamental rights to property that are essential for a thriving, free market economy.
AfriForum said with the signing of this bill into law, the Government of National Unity (GNU) has sanctioned a substantial threat to the right to private property in this country.
ActionSA Parliamentary chief whip, Lerato Ngobeni, said it too will consider legal action.
"While the bill repeals the outdated Expropriation Act of 1975 and establishes a framework aligned with our Constitution for property expropriation by state organs, its effectiveness hinges on genuine political will. Without such commitment, this legislative move risks being a mere formality, allowing the ANC to operate as though it governs unilaterally, especially given the blind compliance of its Government of National Unity (GNU) partners.
seanne.rall@iol.co.za
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