President Cyril Ramaphosa has signed into law the contentious Expropriation Bill with nil compensation.
This could pit Ramaphosa against his GNU partners in the DA who flagged the bill as a red line issue in their participation in government.
In a statement to the media, the Presidency said the bill repeals the pre-democratic Expropriation Act and sets out how organs of state may expropriate land in the public interest for varied reasons.
The bill is part of an ANC resolution in its 2017 elective congress. The ANC and EFF attempted to form a unified voice in parliament during the last administration but talks fell apart over the wording of the bill.
The bill underwent a five-year process of public consultation and parliamentary deliberation.
“Section 25 of the constitution recognises expropriation as an essential mechanism for the state to acquire someone’s property for a public purpose or in the public interest, subject to just and equitable compensation being paid.
“Up to now, expropriation of property has been governed in terms of the Expropriation Act of 1975, which predates the expropriation mechanism provided for in section 25(2) of the constitution,” the Presidency said.
Local, provincial and national authorities will use this legislation to expropriate land in the public interest for varied reasons that seek to promote inclusivity and access to natural resources, it said.
In terms of the law, an expropriating authority may not expropriate property arbitrarily or for a purpose other than a public purpose or in the public interest.
Expropriation may not be exercised unless the expropriating authority has without success attempted to reach an agreement with the owner or holder of a right in property for the acquisition thereof on reasonable terms.
An expropriating authority is therefore obliged to enter into negotiations with the owner of a property required for such purposes.
An expropriating authority must also attempt to reach an agreement on the acquisition of the property before resorting to expropriation — except in circumstances where the right to use property temporarily is taken on an urgent basis in terms of a provision in the legislation.
The law provides for disputes to be referred for mediation or to appropriate courts, the Presidency said.
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