Following its adoption by cabinet last week, lawmakers have provided the first clue for how and when the new Land Expropriation Bill will apply.
While the bill has not yet been made available to the public, the Rapport claims to have seen an unpublished copy of the legislation.
According to the paper, the bill introduces a new section which explicitly states when it would be fair and equitable to withhold compensation.
These circumtances include:
- Land occupied by a labour tenant as under the Restitution of Land Rights Act;
- Land that has been purchased for ‘speculative’ purposes;
- Land owned by a state-owned enterprise;
- Land which has been abandoned by a landowner;
- When the market value of the land is equal or less than the present value of direct state investment or subsidisation for the purchase of beneficial capital improvement of the land.
Speaking to the paper, an unnamed ANC source, who is reportedly involved with the development of the legislation, said that different rules will also apply to land which have buildings or structures attached.
In these cases, compensation will still be mandated under the legislation, they said.