
President Cyril Ramaphosa signs the Expropriation Bill into law. (Picture Credits: X/@presidencyZA)
On January 23, 2025, Cyril Ramaphosa signed the Expropriation Bill, empowering state organs to expropriate land in the public interest.
The expropriation of property was governed by the Expropriation Act of 1975, which predates the establishment of the Constitution. This Act played a significant role in the displacement of many South Africans, particularly Black South Africans.
The Bill outlines the grounds and conditions under which state organs can expropriate land. According to a statement from the presidency, the Bill is designed to enable state organs to expropriate land for public interest and explicitly prohibits expropriation for any purpose other than “public purpose or in the public interest.”
Local, provincial and national authorities will 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.
Land expropriation without compensation has been a long standing issue in the country. The signing of the Expropriation Bill has sparked a lot of controversy, raising questions such as, ”How different is this Bill from the Expropriation Act of 1975?”
To answer the question, Minister Sihle Zikalala said that the difference is that this Bill expropriation lands in the interest of the public.
Yes, it is not a change of the constitution as expected before but it gives mandate to the state to expropriate in the public interest and therefore it will be better than the Act of 1975.
Members of the Government of National Unity (GNU), including the Democratic Alliance (DA) and Freedom Front Plus (VF Plus), tried to restrict the bill’s scope by ensuring the regulations applied only to state-owned land, but they were unsuccessful. More parties such as uMkhonto weSizwe Party (MKP) and Action SA say they will challenge the bill.
The new legislation adds to a series of controversial laws enacted by the President, such as the National Health Insurance (NHI) and Basic Education Laws Amendment (BELA) acts.
The law also stipulates that disputes should be referred for mediation or to the appropriate courts.