Ramaphosa ‘finding his pen’ for next big law in South Africa: Mashatile

Deputy President Paul Mashatile recently emphasised that South Africa’s path to land reform will proceed within the existing constitutional framework through the Expropriation Bill—and that the Bill may soon become law.

The Bill, which permits expropriation with nil compensation under certain conditions, passed in March 2024 and now awaits President Cyril Ramaphosa’s signature before being enacted.

During his address to the National Assembly on Thursday (31 October), Mashatile hinted that Ramaphosa “could find his pen soon,” signalling that the bill may soon become law.

The Expropriation Bill outlines provisions for expropriating land for public purposes and in the public interest in accordance with Section 25 of the South African Constitution.

It details a clear procedure for such expropriations, specifying instances in which compensation may be set at zero in circumstances deemed just and equitable.

These instances include abandoned land, state-owned land, and land held primarily for speculative investment.

The bill also seeks to repeal and replace the outdated Expropriation Act of 1975, establishing a modern legislative framework that aligns with current constitutional principles while also addressing South Africa’s pressing land reform needs.

In the bill, Section 25(3) of the Constitution requires compensation for expropriated property to be “just and equitable,” balancing public interest with the rights of affected property owners.

However, the bill introduces scenarios in which “just and equitable” compensation may, in fact, amount to nil when expropriation is in the public interest.

The government argues that this adjustment would allow land reform to progress with minimal disruption, especially in cases where private ownership of certain types of land serves no productive public purpose or where land has been left unused.

While Mashatile affirmed that land reform would proceed under this framework, he did not entirely dismiss the possibility of a future amendment to Section 25 to allow for expropriation without compensation.

Such an amendment was previously proposed but failed to pass in the Sixth Parliament due to a lack of the required two-thirds majority.

Mashatile expressed scepticism about achieving this majority in the current parliament but remained open to future legislative attempts.

Some members of parliament, notably MKP Deputy Leader John Hlophe, have called for a more sweeping amendment to Section 25, pushing for outright expropriation without compensation to expedite land redistribution.

In response, Mashatile reassured the Assembly that the government’s land reform agenda will advance with or without such an amendment, as the Expropriation Bill provides a viable mechanism for accelerating land restitution.

He encouraged lawmakers to view the bill as a critical tool for land reform and suggested that once signed, it would facilitate sustainable development and equitable land access for all South Africans.

“Let’s get this bill signed,” Mashatile urged, pointing out that the legislature retains the authority to reassess the law and consider constitutional amendments in the future if needed.

However, he argued that any legislative ambitions for land reform should be grounded in the practical mechanisms already available through the Expropriation Bill rather than waiting for a day when the Constitution might be amended.

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