South Africa: President assents to Expropriation Bill
President Cyril Ramaphosa signs into law the Expropriation Act, which repeals the pre-democracy Act 1975 and sets out how state agencies can acquire land for various reasons in the public interest .
The bill follows five years of public consultation and parliamentary scrutiny, bringing expropriation legislation into line with the constitution.
Article 25 of the Constitution recognizes expropriation as an important mechanism by which the State takes a person’s property for a public purpose or in the public interest, subject to the payment of just and equitable compensation.
Until now, property acquisition has been governed by the Acquisition Act, 1975, which predates the expropriation mechanism provided for in Section 25(2) of the Constitution.
The bill, which President Ramaphosa agreed to, outlines how expropriation will be carried out and the basis on which it will be based. The Act will assist all state agencies (local, provincial and national authorities) in acquiring land in the public interest for various reasons.
Local, provincial and national authorities will use this legislation to acquire land for public interest purposes, one of the purposes of which is to promote inclusion and access to natural resources.
The bill repeals the Expropriation Act and provides a common, constitutional framework to guide the process and procedures for expropriating property by state agencies.
According to the Act, expropriation authorities shall not expropriate property arbitrarily or for public purposes or purposes other than public interest.
No expropriation shall be effected unless the expropriating authority has unsuccessfully attempted to reach an agreement with the owner or holder of the property rights to acquire the property on reasonable terms.
The expropriating authority is therefore obliged to negotiate with the owners of the property required for such purposes.
The expropriating authority must also attempt to reach an agreement on the acquisition of the property before undertaking the expropriation – except in circumstances where the right to use the property is to be acquired urgently under legislation.
The law requires disputes to be submitted to mediation or to an appropriate court
Distributed by APO Group on behalf of the President of the Republic of South Africa.
