Ramaphosa signs Expropriation Bill into law

 ·23 Jan 2025

President Cyril Ramaphosa has signed the controversial Expropriation Bill into law, which will allow organs of state to expropriate land in the public interest.

The Bill repeals the apartheid-era Expropriation Act of 1975.

The Presidency said that 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.

This is subject to just and equitable compensation being paid.

Currently, the expropriation of property has been governed in terms of the Expropriation Act of 1975, which predates the creation of the Constitution.

The Bill outlines how the President can expropriate land and on what basis.

“This law will assist all organs of state—local, provincial and national authorities—to expropriate land in the public interest for varied reasons,” said the Presidency.

“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.”

“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.”

However, the Presidency noted that, under the law, an expropriating authority cannot expropriate property arbitrarily or for a purpose other than a public purpose or in the public interest.

It said that expropriation cannot be exercised unless the expropriating authority has failed to reach an agreement with the owner or holder of a right in property on reasonable terms.

“An expropriating authority is therefore obliged to enter into negotiations with the owner of a property required for such purposes,” said the Presidency.

“An expropriating authority must also attempt to reach an agreement on the acquisition of the property before resorting to expropriation—except in circumstances where the right to use property temporarily is taken on an urgent basis in terms of a provision in the legislation.”

The law also states that disputes be referred for mediation or to appropriate courts.

Government of National Unity members, including the DA and VF Plus, attempted to limit the bill’s reach by making the regulations only apply to state-owned land, but this did not succeed.

The latest legislation joins a list of contested laws signed into law by the President, including the National Health Insurance (NHI) and Basic Education Basic Education Laws Amendment (BELA) acts.

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