ANC ‘to cut out courts’ in land expropriation

The Sunday Times is reporting that the proposed amendment was reportedly adopted by the party at its national executive committee (NEC) lekgotla earlier this month and is expected to be voted on in Parliament in the coming weeks.

The current bill on land expropriation without compensation, which is open for public comment, states that the courts should be the arbiter when determining whether the state should pay for expropriated land.

The ANC’s Mathole Motshekga, who is leading an ad hoc committee on land reform, says the decision will ultimately cut out the court processes and give the executive all the power.

"Basically, the governing party is saying the executive must have the right to expropriate and without compensation and to determine the amount of the compensation rather than leave that process to the courts.”

ALSO READ: DA heads to court over Gauteng suspensions

Motshekga says the accounting officer would be the Minister of Rural Development and Land Reform, but that the decision will not be that of an individual.

All three arms of state would still weigh in on any decision.

"If somebody is aggrieved by the decision of the executive someone can go to court and challenge the decision, so it’s a very democratic process.”

Motshekga says other parties have also been given a chance to put forward other proposals.

He says the once all the proposals have been debated and billed, public hearing will be held.

"The deadline for the submissions is the 31st of January, but in February we will conduct public hearing in all the provinces and after those public hearings and then we will sit down in Parliament and synthesise everything. On the basis of that synthesis we will then draft a new bill.”