Zuma’s “expropriation of land without compensation” comment was a blooper: legal expert
President Jacob Zuma’s controversial statement that South Africa will change its laws to allow government to expropriate land without compensation was likely a typo – because he simply copied his earlier speeches and confused current laws.
This is according to LegalBrief’s Pam Saxby, who believes that the president used two pieces of law interchangeably – the 2015 Expropriation Bill which was recently sent back to Parliament, and the 1975 Expropriation Act – creating the confusion.
Last week (24 February), Zuma was quoted by Reuters as advocating for land redistribution without compensation in South Africa, causing a lot of confusion and concern among legal experts and citizens.
“We need to take bold steps that will transform our economy, including land ownership, very fast,” Zuma was quoted as saying.
“We are busy amending (laws) to enable faster land reform, including land expropriation without compensation as provided for in the constitution.”
While this ‘new legislation’ would confirm previous reports of proposed changes being pushed through by the ANC government, the President’s remarks were also taken directly from the text of his speech – which, in turn, drew from Zuma’s State of the Nation Address (Sona) and the ANC’s 8 January anniversary statement.
State of the Nation
“We had stated our intention of using the Expropriation Act, 1975 … to pursue land reform and land redistribution, in line with the Constitution. I have now decided to refer the Bill back to Parliament for reconsideration on the basis that it might not pass constitutional muster. This is due to inadequate public participation during its processing. We trust that Parliament will be able to move with speed in meeting the requirements so that the law can be finalised to effect transformation.”
ANC anniversary celebration
‘The Constitution allows for the expropriation of land for a public purpose and in the public interest. This year, we shall begin to utilise the Expropriation of Land Act to pursue land reform and land redistribution, with greater speed and urgency, following the prescripts of our Constitution’.
The Constitution does not currently allow for land redistribution without compensation, with the process stipulating that “no law may permit arbitrary deprivation of property” and that compensation must reflect “an equitable balance between the public interest and the interests of those affected”.
There is a push from government – particularly from minister of rural development and land reform, Gugile Nkiwnti – to make appropriate changes to the Constitution to allow for land redistribution without compensation, but this must still go through all the processes.
According to Saxby, Zuma was clearly referring to the 2015 Expropriation Bill, which was recently sent back to the National Assembly.
The decision to refer the Bill back to parliament was based on concerns about a flawed public consultation process – and the Bill’s implications for matters under the jurisdiction of the National House of Traditional Leaders.
The Bill itself would allow the state to take land without the owner’s consent, but with the appropriate compensation.
“While the President’s interchangeable references to the 1975 Act and the 2015 Bill may well be confusing – read in the context of these two speeches, his remarks on Friday (24 February) about ‘expropriation without compensation’ can probably be attributed to human error,” Saxby said.
“At this stage section 25 of the Constitution remains firmly in place – and the President’s reservations about the Expropriation Bill are confined to process and procedures,” she said.
Read: Zuma says government will take land without compensation: report
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