President Ramaphosa Signs Expropriation Bill into Law, Paving Way for Equitable Land Reform

New Legislation Aligns with Constitution to Ensure Just and Equitable Property Expropriation.

President Cyril Ramaphosa has officially signed the Expropriation Bill into law, marking a significant step in South Africa's ongoing efforts to address land reform and promote inclusivity. The Bill repeals the outdated Expropriation Act of 1975 and provides a modern legal framework for property expropriation in the public interest, aligned with the Constitution.

The new law provides detailed procedures and guidelines for how organs of state—including local, provincial, and national authorities—can expropriate land. It emphasizes the constitutional mandate of Section 25, which allows for expropriation of property for a public purpose or in the public interest, subject to just and equitable compensation.

The legislation ensures that property cannot be expropriated arbitrarily or for purposes other than those deemed in the public interest, such as addressing historical injustices, promoting access to natural resources, or advancing economic inclusivity.

Negotiation First, Expropriation Last

Before any expropriation occurs, the law mandates that authorities must first negotiate with the property owner to reach an agreement on reasonable terms. Expropriation is only permitted after these negotiations fail or in cases of urgent necessity. Even in urgent scenarios, the temporary right to use property must follow strict legal provisions.

Disputes over expropriation can be referred to mediation or resolved through appropriate courts to ensure fairness and transparency in the process.

Advancing Land Reform and Inclusivity

The Expropriation Bill will empower various government levels to address issues of land inequality and improve access to resources. By providing a clear and constitutionally sound framework, the legislation is expected to streamline land reform initiatives while safeguarding property owners' rights.

Additional Provisions to Enhance Implementation

• Compensation Standards: The law outlines detailed criteria for determining "just and equitable" compensation, ensuring a balanced approach that considers both public interest and property owner rights.
• Public Purpose and Interest Defined: Specific examples include land redistribution for marginalized communities, infrastructure development, and environmental conservation.
• Support for Disadvantaged Groups: Special measures aim to accelerate land access for women, youth, and historically disadvantaged individuals.

Significance of the New Law

This legislation represents a milestone in South Africa’s pursuit of socio-economic justice. President Ramaphosa highlighted the importance of this law in addressing historical inequalities and fostering inclusive growth, stating, “The Expropriation Bill is a critical tool in ensuring equitable access to land and resources while upholding the principles of fairness and justice enshrined in our Constitution.”

The law, which underwent an extensive five-year public consultation and parliamentary process, underscores South Africa's commitment to balancing the needs of land reform with the principles of democracy and human rights.