National Assembly adopts Expropriation Bill

The bill, which was rejected last year, will now be sent to the National Council of Provinces for concurrence.

As per section 25 of the Constitution, the current bill only allows the expropriation of land for public purposes and in the interest of the public.

The purpose of the Expropriation Bill is to repeal the existing Expropriation Act of 1975 to provide a common framework in line with the Constitution to guide the processes and procedures for the expropriation of property by organs of state.

The EFF, IFP, FF Plus and ACDP  objected to the bill, while the DA proposed an amendment to the bill.

Minister of Public Works and Infrastructure Patricia de Lille told MPs the Expropriation Bill is intended to replace an apartheid-era law.

"The 1975 Act is inconsistent with the Constitution in many respects.  The current Bill proposes to bring the law in line with the Constitution. With the Constitution as the highest law in the country, all our legislation as a constitutional democracy must be in line with the rule of law, and above all, they should pass constitutional muster.

“The Bill has been drafted to be consistent with Section 25 of the Constitution as it currently stands," she added.

 De Lille said the Expropriation Bill will provide certainty to South Africans and foreign investors.

"Many times, those against the Expropriation Bill have been people who were never subjected to laws that stripped people of their property or rights to own property. These scripted commentators have insinuated that the Expropriation Bill will be used to strip millions of South Africans from their homes and other assets without fair procedures or equitable compensation.

“I am certain we can agree, that is not the kind of pain and injustice that democratically elected representatives will subject South Africans to again. It is our responsibility to correct the historic injustice of land ownership patterns in South Africa.”

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