Expropriation without compensation - the ANC's proposed 'Redistribution Bill'
The African National Congress (ANC) believes there might not be a need to amend the property clause in the Constitution - and law experts have now proposed that land expropriation without compensation be enacted through a so-called 'Redistribution Bill'.
The ANC said at its Land Summit held at the weekend that it believes Section 25 of the Constitution will for the first time be used to its fullest potential.
The expropriation of land has been available since apartheid under the Expropriation Act of 1975 but following the adoption of the Constitution, "just and equitable" compensation is required - except in certain circumstances.
Property law expert and a director at Werksmans Attorneys, Bulelwa Mabasa, explains that government will not be able to "willy-nilly" expropriate land without compensation as it is against the law to arbitrarily deprive someone of property but can do so if there is a law permitting it - namely the 'Redistribution Bill'.
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"What the government is currently considering is publishing a redistribution bill, and that bill will clarify exactly who would qualify for land that have been expropriated, which arears are going to be considered for that and for what purpose."
Deserted buildings, government-owned land, unused property and owners donating land to government will be the first to be expropriated.
The Expropriation Act, which caters mostly for agricultural land and only talks about willing-buyer willing-seller, and which does not include the just and equitable-requirement, will have to be withdrawn or amended.