Tag: Expropriation Act
Repeal the Expropriation Act and pursue real land reform instead
We have called upon Parliament to repeal the Expropriation Act of 2024. We also urge lawmakers to introduce a just and equitable land reform programme that adheres to both the text and the spirit of the Constitution. This is an essential step toward pursuing real land reform.
New expropriation Act marks a transformative shift
On January 24, 2025, the country experienced a wave of mixed emotions. This followed the President’s signing of the contentious Expropriation Bill of 2020 into law as the Expropriation Act 13 of 2024. The President has not yet announced the commencement date. Consequently, the Act is not yet in force, and there is no indication of when this announcement will be made.
Expropriation Bill unconstitutional in the absence of a constitutional amendment
The 1975 Expropriation Act authorises the Minister of Public Works to expropriate property for public purposes, and provides for the payment of compensation to the dispossessed owner, not exceeding the property’s market price, determined either by agreement between government and the owner, or by a court.
Unpacking the who, what and why of the Expropriation Bill
The land reform debate over the last few years in South Africa can at best be described as controversial, political and mostly emotional, more specifically so in the context of expropriation. From the outset, it should be noted that the current Expropriation Act, 1975 (the 1975 Act) is completely outdated and predates the Constitution and the South African expropriation laws were in dire need of being overhauled.
