New land expropriation laws for SA approaching soon

New land expropriation laws for SA approaching soon Photos: Stock/Canva

New land expropriation laws for SA approaching soon

The Expropriation Bill – rejected in 2021 – found new life in 2022 and was passed by the National Assembly in September 2022.

New land expropriation laws for SA approaching soon

New land expropriation laws for SA approaching soon Photos: Stock/Canva

The new land expropriation laws are approaching soon, and South Africans only have until 6 March 2023 to submit their views.

HERE IS MORE ABOUT THE NEW LAND EXPROPRIATION LAWS

In 2021 the Expropriation Bill was rejected but found new life in 2022 and passed by the National Assembly in September 2022. 

The bill moved on to the National Council of Provinces, which reopened the proposed laws for public comment.

THE EXPROPRIATION BILL WAS REJECTED IN 2021 

South Africans can submit comments on the bill until 6 March.

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YOU ONLY HAVE UNTIL 6 MARCH TO HAVE YOUR VOICE HEARD ON THIS

If passed by the NCOP, the bill will move on to the president to be signed into law.

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BUT WHAT DOES THE BILL SEEK TO DO? 

Broadly, the bill seeks to:

  • Provide for the expropriation of property for a public purpose or in the public interest;
  • Identify certain instances where the provision of nil compensation may be just and equitable for expropriation in the public interest;
  • Regulate the procedure for the expropriation of property for a public purpose or in the public interest, including payment of compensation;
  • Repeal the Expropriation Act, 1975 (Act No. 63 of 1975); and provide for matters connected in addition to that.

Currently, the bill allows the expropriation of land only for public purposes and in the interest of the public, as stipulated in Section 25 of the Constitution.

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THE BILL MAKES IT POSSIBLE FOR THE EXPROPRIATION OF LAND WITH NIL COMPENSATION 

While Section 25(3) requires the amount of compensation for land to be “just and equitable” – reflecting an equitable balance between the public interest and the interests of those affected – the bill makes it possible for expropriation of land with “nil compensation” under specific circumstances.

These specific circumstances include abandoned land, state land, or land held for speculative purposes.

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