The Institute of Race Relations (IRR) has written to Dean Macpherson, the Minister of Public Works and Infrastructure, requesting that he make public his intentions to draft legislation that would secure and expand property rights in South Africa.
The organisation also challenges Macpherson’s position on the Expropriation Act in the same letter, which was written by Makone Maja, the strategic engagements manager for IRR.
Maja is worried that ambiguity and a lack of precise information have made it difficult for the public to comprehend the full implications of the act.
Excessive amount of authority
“Postponements of the action typically place the government’s intentions ahead of the contents of the act and the many possibilities of expropriation it has opened the country to,” reads the letter in part.
“One significant yet unclear aspect of the act is the potentially large number of authorities empowered to execute expropriations without compensation under Section 12[3]. This opacity increases the risk of misuse.”
According to Maja, allowing property to be taken without payment or for less than its market value gives 400 local councils and other government agencies an excessive amount of authority.
Maja said that this increases the likelihood of abuse and jeopardises property rights for average South Africans.
According to him, the situation is made even more concerning by the fact that nobody is certain of the precise number of authorities with this authority, which may result in more severe violations of people’s rights.
Minister given until June 23 to reply
He requested that the minister provide a comprehensive list of all the organisations that are deemed to be expropriating authorities, a complete record of all expropriations carried out by government agencies since 1994, and an explanation of whether the government maintains documentation of any misuse of its expropriation powers.
“The IRR is preparing draft legislation to broaden and secure property rights and ownership. We would greatly value your participation in a discussion around this initiative,” he said in the letter.
“We believe that public discourse surrounding the Expropriation Act has been hampered by uncertainty and incomplete information regarding its actual reach and implications.”
Maja gave Macpherson until June 23 to reply to the letter, allowing the IRR a chance to clarify its stance and increase public awareness of the issue.
