President Cyril Ramaphosa officially signed the contentious Expropriation Bill into law on Thursday, a landmark move that repeals the outdated Expropriation Act of 1975 and aligns expropriation processes with the South African Constitution.
Ramaphosa assents to Expropriation Bill
This legislation has been years in the making, following a lengthy five-year process of public consultations and parliamentary debates.
The newly signed law provides a modern framework for land expropriation by outlining how organs of state—whether local, provincial, or national—may expropriate land in the public interest or for public purposes.
The bill is rooted in Section 25 of the Constitution, which acknowledges expropriation as a mechanism to address historical injustices, provided that just and equitable compensation is paid.
The law emphasises that expropriation must not be arbitrary and should only occur after unsuccessful negotiations with property owners.
Where disputes arise, mediation or court intervention is required to ensure fairness and compliance with constitutional principles.
During the signing ceremony, President Ramaphosa emphasised that the bill seeks to promote inclusivity and equitable access to land and natural resources, in line with South Africa’s transformation agenda.
He noted that this legislative milestone marks the repeal of an apartheid-era law, enabling a fairer process for expropriation.
What happens now?
The Expropriation Bill now provides a legal framework for local, provincial, and national authorities to expropriate property for public purposes, such as infrastructure projects, or in the public interest, which includes land reform.
The law explicitly states that expropriation must follow due process, ensuring that owners are fairly compensated and disputes are resolved either through mediation or by the courts.
Expropriating authorities are required to negotiate with property owners in good faith before resorting to expropriation.
However, in urgent cases, the law allows for temporary use of property, provided the authorities follow strict legal guidelines.
The law also gives clarity to contentious issues such as “just and equitable compensation.”
While zero compensation is not explicitly part of this bill, it paves the way for specific cases, such as abandoned or unused land, to be expropriated at below-market value.
Critics argue that the bill could deter foreign investment and disrupt property markets, while proponents hail it as a necessary tool for addressing inequality and redressing the land dispossession of the past.
As the implementation phase begins, municipal and provincial governments are expected to start leveraging the legislation for planned land reform initiatives.