You are currently viewing our desktop site, do you want to download our app instead?
Moneyweb Android App Moneyweb iOS App Moneyweb Mobile Web App
Join our mailing list to receive top business news every weekday morning.

Draft land-expropriation bill released for comment

The draft outlines the circumstances under which the state can take land without paying for it.
The public has 60 days from today to submit written comments on the bill to the Department of Public Works. Picture: Shutterstock

South Africa released for public comment a draft Expropriation Bill that outlines the circumstances under which the state can take land without paying for it.

It may be just and equitable for no compensation to be paid where land is expropriated in the public interest, the government said in draft legislation released Friday on the Green Gazette website.

Key insights:

Land can be taken without pay if it’s occupied or used by a labour tenant, if it’s held for purely speculative purposes, belongs to a state-owned company, where the owner has abandoned it, among others, the bill says.

 
An expropriating authority may have a right to use property temporarily if it’s urgently required for a period not exceeding 12 months. The public has 60 days from today to submit written comments on the bill to the Department of Public Works.
 
The passage of the bill through parliament is separate to plans by the ruling African National Congress to change the constitution to make it easier to seize land without paying for it.  Lawmakers in both chambers of parliament this month approved a lawmakers’ report that recommends the constitutional amendment. They will now establish another parliamentary committee to draft a bill needed to make the changes.
 
The ANC says the constitutional change is needed to address racially skewed ownership patterns dating back to apartheid and white minority rule.
 
Farmers’ groups and some opposition parties say the changes will undermine property rights and deter investment.
 
The draft released today is the third version of the bill, with the first iteration released in 2008, according to Agri SA, the country’s biggest farming industry lobby group. While the proposed law provides more clarity on expropriation without compensation, which Agri SA opposes, its reach and definitions must be clarified “urgently,” it said in an emailed statement. Agri SA said the definition of expropriation in the new bill is too narrow and is out of line with international trends, posing “the danger that the state can place all kinds of restrictions on ownership without compensating the owner,” it said.
 

COMMENTS   10

Sort by:
  • Oldest first
  • Newest first
  • Top voted

You must be signed in to comment.

SIGN IN SIGN UP

What value is added by this? It simply creates more uncertainty. Are farm workers going to steal the land now? The EFF and that rubbish in BFLF will also howl as will their supporters.

So again the ANC has messed up-no real certainty for property owners AND no stealing and grabbing for the EFF. The EFF should really stick to bank robberies-the risk/reward ratio is way easier!

Bank heist rather

And the inevitable march to legalised state approved property theft continues unabated.

The mere fact that this will result in serious violence and loss of life, major confrontations and racial division is of course immaterial.

Si vie pacem ? Para bellum !!!

So who decides what is “in the public interest”?
The same ANC that thought it was in the public interest to keep Zuma as president for a decade?

Among others? Where is the full text of the draft?

Cannot help but think that those opposed to ewc got suckered into a debate around the need for land reform. EWC is not a prerequisite for land reform. Not a single argument has been put forward that indicates that ewc will advance land reform. Emotional outbursts about who stole from whom does not confirm the need for ewc.

By narrowly defining expropriation in law, the ANC wants to reassure about the implementation of the forthcoming constitutional amendment. Time will tell if the ploy works.

The idea of growing the pie seems to be beyond the ability of the cadres to grasp.

Land can be taken without pay if it’s occupied or used by a labour tenant”

Can someone pls explain what this actually means, thanks

Farm workers that live on the farm.

But as asked elsewhere; what happens about payment of the rates and loans when this land is stolen from the holder and dished out willy nilly? Will they pay; yeah right. Meanwhile I must keep paying with this threat hanging over my head and noting that all pretence of restoring land “taken away” by various government acts has now been dropped and forgotten. My bet is its dropped as now the aim is to take valuable productive land, bit by bit from smaller white farmers who lack the means to mount and the effective defence and publicity that would result if corporate ownership was threatened..

End of comments.

LATEST CURRENCIES  

USD / ZAR
GBP / ZAR
EUR / ZAR

Podcasts

NEWSLETTERS WEB APP SHOP PORTFOLIO TOOL TRENDING CPD HUB

Follow us:

Search Articles:Advanced Search
Click a Company: