Cyril Ramaphosa assents to expropriation bill
President Cyril Ramaphosa has officially signed the Expropriation Bill into law, repealing the pre-democratic Expropriation Act of 1975.
The new legislation provides a constitutional framework for how organs of state may expropriate land in the public interest for various purposes.
The Expropriation Bill has undergone an extensive five-year process of public consultation and parliamentary review to ensure alignment with the Constitution.
Section 25 of the Constitution acknowledges expropriation as a critical mechanism that enables the state to acquire property for public purposes or in the public interest, provided that just and equitable compensation is offered.
Previously, property expropriation was governed by the outdated Expropriation Act of 1975, which did not reflect the principles outlined in Section 25(2) of the Constitution.
The newly enacted Bill now establishes clear guidelines for expropriation and ensures that all levels of government—local, provincial, and national—can carry out expropriation processes lawfully and equitably.
The legislation aims to promote inclusivity and improve access to natural resources by allowing authorities to expropriate land in the public interest for various developmental and social purposes.
The Bill provides a uniform legal framework that aligns with constitutional mandates, ensuring consistency across all government levels when undertaking expropriation.
Under the new law, an expropriating authority is prohibited from seizing property arbitrarily or for any purpose other than public interest or public benefit. Before resorting to expropriation, authorities are required to engage in negotiations with property owners or rights holders to reach a fair agreement.
Expropriation is only permitted if efforts to reach an agreement on reasonable terms have been unsuccessful.
However, the legislation allows for urgent temporary use of property under specific circumstances outlined within the law.
The Expropriation Bill also provides mechanisms for resolving disputes, including mediation or referral to appropriate courts, ensuring fair processes and the protection of property owners’ rights.
This legislative development marks a significant step in South Africa’s land reform efforts, ensuring a more transparent and equitable approach to expropriation in line with constitutional principles.
