Ramaphosa signs the Expropriation Bill into law

SOUTH AFRICA – President Cyril Ramaphosa has signed the Expropriation Bill into law, setting out how organs of State may expropriate land in the public interest for varied reasons.

The Bill, which has undergone a five-year process of public consultations and parliamentary deliberation, aligns legislation on expropriation with the Constitution. According to the act, authorities must negotiate with property owners and use mediation or courts to resolve disputes.

The Presidency’s spokesperson, Vincent Magwenya said the law will assist all organs of state to expropriate land in the public interest for varied reasons. Section 25 of the Constitution recognises expropriation as an essential mechanism for the state to acquire someone’s property for a public purpose or in the public interest, subject to just and equitable compensation being paid.

Up to now, expropriation of property has been governed in terms of the Expropriation Act of 1975, which pre-dates the expropriation mechanism provided for in section 25(2) of the Constitution. Local, provincial and national authorities will use this legislation to expropriate land in the public interest for varied reasons that seek, among others, to promote inclusivity and access to natural resources.

Magwenya said the Bill repeals the Expropriation Act and provides a common framework in line with the Constitution to guide the processes and procedures for expropriation of property by organs of state.

In terms of this law, an expropriating authority may not expropriate property arbitrarily or for a purpose other than a public purpose or in the public interest. Expropriation may not be exercised unless the expropriating authority has without success attempted to reach an agreement with the owner or holder of a right in property for the acquisition thereof on reasonable terms. He added that disputes will be referred for mediation or to appropriate courts.