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President Cyril Ramaphosa has signed into law the Expropriation Bill which repeals the pre-democratic Expropriation Act of 1975.
The Presidency says the Act sets out how organs of State may expropriate land in the public interest for varied reasons.
“The Bill, which has undergone a five-year process of public consultation and parliamentary deliberation, aligns legislation on expropriation with the Constitution.
“Section 25 of the Constitution recognises expropriation as an essential mechanism for the state to acquire someone’s property for a public purpose or in the public interest, subject to just and equitable compensation being paid,” said presidency spokesperson, Vincen Magwenya.
He said up to now, expropriation of property has been governed in terms of the Expropriation Act of 1975, which predates the expropriation mechanism provided for in section 25(2) of the Constitution.
“The Bill assented to by President Ramaphosa outlines how expropriation can be done and on what basis.
“This law will assist all organs of State - local, provincial and national authorities - to expropriate land in the public interest for varied reasons,” he added.
Magwenya said local, provincial and national authorities will use this legislation to expropriate land in the public interest for varied reasons that seek, among others, to promote inclusivity and access to natural resources.
He noted that the Bill repeals the Expropriation Act and provides a common framework in line with the Constitution to guide the processes and procedures for expropriation of property by organs of state.
“In terms of this law, an expropriating authority may not expropriate property arbitrarily or for a purpose other than a public purpose or in the public interest,” Magwenya said.
