The Expropriation Bill passed by the National Council of Provinces (NCOP) moves closer to becoming law, marking a significant moment in South Africa’s legislative landscape.
NCOP passes Expropriation Bill: Here’s what happens next
On Tuesday, 19 March 2024, a pivotal step was taken when the NCOP, Parliament’s second house, approved a revised version of the Expropriation Bill during its plenary session.
The amendments proposed by the NCOP, which did not address the inclusion of expropriation without compensation (EWC) provisions or the constitutional concerns raised, are now under the scrutiny of the National Assembly (NA).
Should the NA accept these revisions, the next and final step would involve the President’s assent, at which point the bill could become law.
Does the Bill include ‘expropriation without compensation’?
Central to the debate surrounding the Expropriation Bill is the provision for expropriation without compensation.
Unlike the amendment of Section 25 of the Constitution, which directly seeks to enable EWC, the Bill outlines the procedural framework for expropriation by state organs.
This includes who may expropriate—such as state departments and ministers for public purposes or in the public interest—and under what circumstances, from land to any movable or immovable property.
It delineates the reasons for expropriation, focusing on public purpose and interest, including land reform and equitable access to resources, with the courts having the final say on disputes over compensation.
The Bill also addresses urgent expropriation, permitting temporary use of property under specific conditions for up to 12 months.
What happens if the president passes the Expropriation Bill into law
The enactment of the Expropriation Bill into law would introduce a legal framework for the expropriation of property, potentially without compensation under certain conditions, for public purposes or in the public interest.
This legislation aims to balance the objectives of land reform and redistribution with the rights of property owners.
However, the specifics of compensation and the criteria for instances where no compensation is provided remain areas of concern and debate.
Ultimately, the Bill seeks to address historical injustices and facilitate equitable land distribution.
The progression of the Expropriation Bill through South Africa’s legislative process represents a crucial moment in the country’s pursuit of equitable land reform and property rights.
As the Bill moves closer to becoming law, its implications for property owners, land reform, and the broader societal landscape will be closely watched.