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President of South Africa Cyril Ramaphosa

President Cyril Ramaphosa has signed into law the Expropriation Bill, a landmark piece of legislation that provides a framework for the state to expropriate land in the public interest. The law replaces the outdated Expropriation Act of 1975, aligning land expropriation processes with South Africa’s Constitution.

The Presidency hailed the new legislation as a culmination of a five-year process of public consultation and Parliamentary deliberation, aimed at addressing the legacy of apartheid-era land ownership inequalities.

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“The Bill outlines how expropriation can be conducted and on what basis. This law will assist local, provincial, and national authorities in expropriating land in the public interest to promote inclusivity and access to natural resources,” the Presidency stated.

The Expropriation Bill allows for expropriation without compensation in specific circumstances, provided the action is just, equitable, and in the public interest, as stipulated in Section 25 of the Constitution.


Addressing the Legacy of Land Inequality

More than 30 years after the end of apartheid, land ownership in South Africa remains highly unequal. Black South Africans, who constitute the majority of the population, own only a small fraction of the country’s farmland, while the white minority retains the vast majority. This disparity has fuelled frustration over the slow pace of land reform.

The new law introduces provisions that enable the state to expropriate land under certain conditions, such as:

  • If the property is unused and there is no intention to develop or profit from it.
  • If the property poses a risk to public safety.

The legislation also emphasises that expropriation must be preceded by negotiations. The state is required to attempt to reach an agreement with the property owner on reasonable terms before proceeding with expropriation. In cases of disputes, the law provides for mediation or court intervention.


Diverse Reactions to the New Law

The ruling African National Congress (ANC) described the law as a “significant milestone” in addressing South Africa’s historic land injustices. President Ramaphosa’s spokesperson, Vincent Magwenya, clarified that the law prohibits arbitrary expropriation and ensures that the process aligns with the principles of public interest and fairness.

However, the legislation has sparked debate within the government and across the political spectrum:

  • Democratic Alliance (DA): South Africa’s largest opposition party has criticised the law, raising concerns over its constitutionality and the process followed in Parliament. The DA supports land restitution but opposes expropriation without compensation.
  • Freedom Front Plus: Representing the white minority, the party vowed to challenge the law in court, citing threats to private property ownership.
  • Economic Freedom Fighters (EFF): Known for its radical stance on nationalisation, the EFF called the law a “legislative cop-out,” arguing that it fails to address land restitution comprehensively.

Balancing Land Reform with Economic Stability

While the Expropriation Bill seeks to rectify decades of inequality, it also raises concerns about investor confidence and the implications for South Africa’s agricultural sector. The DA and other critics warn that the law could deter investment and undermine property rights if not implemented carefully.

The ANC, however, views the legislation as a necessary tool to accelerate land redistribution and promote social justice. By repealing the apartheid-era Expropriation Act, the law aligns with South Africa’s constitutional mandate to balance the rights of property owners with the need to redress historical injustices.


Looking Ahead

The enactment of the Expropriation Bill marks a pivotal moment in South Africa’s land reform journey. While the law’s impact will depend on its implementation, it reflects the government’s commitment to addressing historical inequalities while ensuring compliance with constitutional principles.

As the debate continues, the Expropriation Bill underscores the complexities of land reform in post-apartheid South Africa, balancing the urgent need for equity with the challenges of maintaining economic stability.

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Source: South African Gov News Agency


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