President Cyril Ramaphosa on Thursday signed into law the Expropriation Bill, a landmark piece of legislation aimed at rectifying historical injustices.
The new law, which replaces the antiquated Expropriation Act of 1975, sets the stage for organs of state to expropriate land in the public interest. But the question remains: Is this truly a step forward, or a careful dance around powerful interests?
“This Bill is not just a piece of paper; it’s a tool for transformation,” declared Presidency spokesperson Vincent Magwenya, underscoring the significance of the legislation in a country still grappling with the legacies of apartheid and land dispossession.
Aims to harmonise Bill with Constitution
The newly signed law aims to harmonise expropriation practices with Section 25 of South Africa’s Constitution, which recognises the state’s right to acquire property for public purposes under just and equitable terms.
For decades, the Expropriation Act of 1975 governed land acquisition. A relic of an era when land ownership was a privilege of the few. In an effort to address this imbalance, the new bill offers a framework that fosters inclusivity and guarantees access to natural resources.
Magwenya said: “It’s about time we have a law that reflects the values of our Constitution.”
Critics fear expropriation without compensation
However, critics contend that the ANC-led government, led by Ramaphosa, is operating in a precarious position. While the president seeks to implement ANC resolutions and fulfil promises of the liberation struggle, there is palpable tension, with established businesses wary of expropriation without compensation.
Detractors suggest that the government is merely tiptoeing around powerful interests rather than confronting them head-on.
The EFF has been vocal in their criticism, pushing for more radical reforms that align with the expectations set during the liberation struggle. It argues that the ANC’s approach lacks the boldness needed to truly disrupt existing power structures.
The EFF campaigned tirelessly for land expropriation without compensation. It accused the ANC of diluting the bill’s potential impact to placate the business elite.
President says bill encourages negotiations
Ramaphosa’s administration, however, insists that the law strikes a necessary balance. The Expropriation Bill mandates negotiations with property owners before any expropriation. This is ensuring that the process is neither arbitrary nor unjust.
The law provides mediation or legal recourse in cases of dispute. It is aiming for fairness in the face of inevitable controversies, said Magwenya.
The Expropriation law is more than a legal tool — it is a test of Ramaphosa’s leadership and the ANC’s resolve to drive meaningful land reform while maintaining economic stability.
Magwenya said: “The bill, which has undergone a five-year process of public consultation and parliamentary deliberation, aligns legislation on expropriation with the Constitution.”
Expropriate land in the public’s interest
He added: “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.”
He said local, provincial and national authorities would use this legislation to expropriate land in the public interest. For varied reasons that seek, among others, to promote inclusivity and access to natural resources.
