South Africa takes a step closer to land expropriation

Parliament will now follow its processes to consider the bill which was gazetted on Friday.
The proposed bill is part of the government’s comprehensive approach to land reform. Image: Waldo Swiegers, Bloomberg

The inter-ministerial committee on land reform on Sunday announced that the revised Expropriation Bill was gazetted on Friday and is now subject to parliamentary processes.

The bill is part of the government’s comprehensive approach to land reform and redressing spatial inequality and improving access to services and opportunities.

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It is set to replace the current Expropriation Act of 1975 and its framework legislation on how the land would be distributed.

Addressing the media virtually on Sunday afternoon, Public Works Minister Patricia de Lille said 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.”

Read De Lille’s statement here.

Bill is just and equitable

De Lille said the bill is meant to assist all organs of state, including the local municipalities where most of the vulnerable groups are located.

“Local, provincial and national authorities will use their legislation to expropriate in the public interest for varied reasons that seek to amongst others, promote inclusivity and access to natural resources which will benefit women, children and people with disabilities. They will have to do so in accordance with the constitutionally-compliant new Expropriation Act,” she said.

She added that one of the cornerstones of the proposed legislation is that the holders of unregistered rights in the property must be treated on an equal and procedurally fair basis in the expropriation of such property.

“The Constitution provides that compensation for expropriation must be ‘just and equitable’ having regard to all relevant circumstances.

She said that the bill outlines circumstances when it may be just and equitable for nil compensation to be paid.

“It does not prescribe that nil compensation will be paid in these circumstances. The bill provides that the amount of compensation will be determined by the courts,” De Lille said.

What the bill states re nil compensation:

  • It may be just and equitable for nil compensation to be paid where land is expropriated in the public interest, having regard to all relevant circumstances, including but not limited to where the land is not being used and the owner’s main purpose is not to develop the land or use it to generate income but to benefit from appreciation of its market value;
  • Where an organ of state holds land that it is not using for its core functions and is not reasonably likely to require the land for its future activities in that regard, and the organ of state acquired the land for no consideration;
  • Notwithstanding registration of ownership in terms of the Deeds;
  • Where an owner has abandoned the land by failing to exercise control over it; Where the market value of the land is equivalent to, or less than, the present value of direct state investment or subsidy in the acquisition and beneficial capital improvement of the land;
  • When the nature or condition of the property poses a health, safety or physical risk to persons or other property; and
  • When a court or arbitrator determines the amount of compensation in terms of section 23 of the Land Reform (Labour Tenants) Act, 1996 (Act No. 3 of 1996), it may be just and equitable for nil compensation to be paid, having regard to all relevant circumstances.

De Lille read a note from Deputy President David Mabuza, who said the publication of this important bill, is a cogent indication that government is indeed at work to realise redress and fulfil the aspirations of the people to have an equitable society.

“It is a recognition of the urgency required to address the injustices of the past and restore land rights in a responsible manner, whilst ensuring that food security is maintained; that equitable spatial justice is achieved and that continuation of investment to expand our industrial base is secured,” Mabuza said.

Parliament will now follow its processes to consider the bill and every South African will have the opportunity to participate as Parliament considers, debates and consults on it.

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“Legalised” theft !!!

In 1850s this was said:

“When plunder becomes a way of life for a group of men in a society, over the course of time they create for themselves a legal system that authorizes it and a moral code that glorifies it.”
― Frédéric Bastiat

Maybe nothing to do with this article, but I just remembered. My gun license is up for renewal.

No need but on second thought, back in 74/75 in Angola there were 900,000 Portuguese nationals and in Mozambique 750,000, large portion went back to Portugal with second portion came to South Africa, its estimated there are close on 6 Mil Zimbabweans and 3 Mil Mozambicans in South Africa.
So question begs, where are 6 Mil ex-European South Africans with zero links to a patriotic corner on the globe going to go to ?
And this is a problem for the ruling party for which they only have induvial solutions for and not he masses as they desperately try to put forward.

We could all just move into Namibia, wait one election cycle and vote in our candidates?

Source?

Numbers are heavily inflated. Portuguese in Angola and Moz were 600,000 total. Not 1.65 mil. Portugal only had ~9mil total population in 1975.

Source: Wikipedia – Portuguese Mozambique

‘De Lille said the bill is meant to assist all organs of state, including the local municipalities where most of the vulnerable groups are located.’

Any updates on the 139 farms owned by Matjhabeng municipality attached by Eskom? I haven’t been able to establish how and why the municipality acquired these farms, what use they are being put to, and whether other municipalities own farms.

It seems as if some municipalities have lots of farms, go get those first. And then give all the state farms to the women and people with disabilities. Then later the real farmers can buy that farms for a song and utilize it properly.

So they want to change the constitution that says “just and equitable”

Do they need 2 thirds majority vote for that?

Why do they insist going against the constitution?

Why have they failed to implement the current mandate and why would they be able to carry out any future mandate?

Remember we are talking about a criminal organization here called accused no 1 by their own leader. I guess what they are doing then is just another criminal act????

SA will be the country best remembered for its ability to assist with peoples weight problems….

Notice the dirty political tactics at play:
– The ANC/EFF (effectively one organisation) are changing the existing Expropriation Bill with one that is “constitutional” with the clause “but not limited to” nicely hidden in it.
– This Act will be a normal act of parliament that can easily be passed with the parliamentary majority that the ANC/EFF have.
– The aim of doing it this way is to make it seem as though the biggest part of the controversy has passed and so appease the public opposition.
– The clincher will follow with the change to the constitution with significantly less public opposition due to the bill being passed into law.
– The constitution is the real enabler to comprehensive expropriation without compensation.
– Subsequent to that change, the “but not limited to” clause will be changed to “clarify” what can be expropriated.
– The ANC constitution clearly states that all land must belong to the people. “The people” in this case being a collective which is “the people of the country” or “the state”. The aim of expropriation thus being that all property will belong to the state.
– As a nice cherry on this, Patricia de Lille the mouthpiece for expropriation following her seconding as a minister in Ramaphosa’s parliament after he rantings in the Cape Town mayor seat.

When in years coming, people rue expropriation being passed, the ANC/EFF will point to de Lille and tell us that it was not them that was pushing it, but Patricia de Lille who was not part of the ANC/EFF.

Yep. de Lille is gullible and not all that clever. I think the fact that she cant even get n garden fence done properly says it all.

How will the state enforce this when the resources of the state are corrupt, incompetent, poorly-trained and ill-equipped, unmotivated, demoralised, lacking fuel, funding, leadership and backup, while the owners of the land are ex-military, the best soldiers on earth, highly respected for bravery, very motivated, self-financed, have diesel bunkers on their properties, are snipers every one, respects their own order-and-command structures, know the territory by heart, have an abundance of rations, own the element of surprise, have the ability to plan and coordinate operations and to get the best medical support?

The state must have a death-wish to antagonise a group of their peace-loving citizens with such a stupid move.

This is exactly what the regime is terrified of. Hence the ludicrous charges of so-called terrorism against the farmer. Their worst nightmare is an armed Boer uprising.

these coward hordes strength lies in there numbers.

There is plenty of dormant government land plus many municipalities with dormant farms.

What are municipalities doing with farms?

I would be very concerned with the previous government administration.

What about the properties in Dubai?

What about the properties in Dubai?

ANC… remember the name… the reason for the collapse of South Africa!

EWC = no value.
What about taxes(assessment rates, estate duty etc.)currently imposed on property valuations?

Given the dire economic situation and need for international capital to pursue EWC at this stage is dangerous and irresponsible. But desperate parties do desperate things. If this goes wrong and there is no reason to think it will be smooth sailing it may be the final straw for international investors.

Anyone who cannot see the message here is delusional. The country is in deep recession, has colossal unemployment and the judgement of the leadership is to pursue this at this point! They are either insane or incredibly incompetent.

Anyone who can should flee this failed state. Social unrest and crime have to increase with jobs, skills and capital being lost daily, SOEs collapsing from fraud and corruption, a captured judiciary, tax revenue in freefall, food insecurity risk increasing and an insecure and incapable leadership re-elected consistently by an uneducated, hungry mass of people bribed with basic income grants!

FLEE IF YOU CAN!!!

“De Lille read a note from Deputy President David Mabuza”

I don’t believe it. When last has anyone seen Mabuza in the flesh?

This is a whole lot of B.S!!! All this talk of inclusivity by excluding the people with the experience and knowledge to maintain and work the assets is baffling. Wisdom gained over many years. The better solution would be to look to the future and increase capacity to uplift the disadvantaged. Like it or not history cannot be changed. There’s enough land to build new projects and expand our cities etc… STOP STOP destroying value for all. This is political terrorism!!!

Mabuza and Magashule = Gangsters Inc.

Do nt look for logic in african politics , always have a back door.
Zim govt made a big noise inviting white farmers back and within days politician invades white farm with goons and chases white family off farm

I note that Moneyweb didn’t like my comment that land reform could have been complete 15 years ago but was pretty deliberately derailed by self serving ANC incompetence and corruption. EWC is just another rancid bit of voter baiting but will just result in an extension of the same incompetence and corruption, pretty much like Zim. That they have suckered a host of academics to theorise, analyse and research property theft shows how little principal such individuals have.

The big change in SA law that this “EWC” idea is pushing is to amend the law and constitution to allow for the taking of property from one legal owner and giving it to another (not the state for public good, all with little or no compensation. No positive outcomes from this except for those that score the free property; as in Zim.

End of comments.

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