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The Minister of Public Works and Infrastructure, Patricia de Lille, has gazetted the revised Expropriation Bill, which is now before Parliament.
The Bill is set to replace the Expropriation Act of 1975 that was inconsistent with the Constitution.
In a statement on Sunday, De Lille said that this follows Cabinet approval of the Bill in September and that the Chief State Law Adviser has certified the Bill as constitutional, paving the way for the Parliamentary processes to take place.
She said the process of bringing the Expropriation Bill in line with the Constitution, was separate to the process underway to review Section 25 of the Constitution.
“The Bill has been drafted to be consistent with Section 25 of the Constitution as it currently stands,” she said.
In terms of various existing laws, the President, at least seven National Ministers, all Provincial Premiers and all municipalities have powers of expropriation. “What is needed is a law of general application that will ensure that any act of expropriation is in compliance with the Constitution of South Africa, 1996.
The Bill is framework legislation that spells out clearly how and when expropriation can take place.
Minister De Lille said that the Bill was part of the Government’s comprehensive approach to land reform and redressing spatial inequality and improving access to services and opportunities.
She said the Bill was part of the comprehensive land redistribution and agricultural development programme.
“Expropriation of property with nil compensation is not a silver bullet. It is only but one acquisition mechanism that in appropriate cases will enable land reform and redress, as agreed by the Presidential Advisory Panel Report on Land Reform and Agriculture,” she said.
