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Patricia de Lille, Minister of Public Works and Infrastructure.
- GovernmentThe Expropriation Bill of 2020 was submitted to Parliament for presentation after its publication last Friday.
- The Minister of Public Works and Infrastructure, Patricia de Lille, said that expropriation without compensation is not the miracle solution for agrarian reform.
- In July 2018, Vice President David Mabuza chaired an inter-ministerial committee on land reform.
Expropriation of property without compensation is not a miracle solution for land reform and redress, says Minister of Public Works and Infrastructure, Patricia de Lille.
The Presidential Advisory Panel report on land reform and agriculture has agreed that no compensation is just a procurement mechanism that, in appropriate cases, will allow land reform and redress.
The panel’s work is now contained in the Expropriation Bill 2020.
At a press conference on Sunday, De Lille said the bill had been submitted to Parliament for presentation.
De Lille was virtually joined by the Minister of Rural Development, Agrarian Reform and Agriculture, Thoko Didiza, and the Minister of Justice and Correctional Services, Ronald Lamola.
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The bill, published on Friday, will replace the 1975 Expropriation Law, which is incompatible with the Constitution.
De Lille said:
The expropriation of a property with zero compensation is not a silver bullet. It is only a procurement mechanism that in appropriate cases will allow agrarian reform and reparation, as agreed in the Report of the Presidential Advisory Panel on Agrarian Reform and Agriculture.
He added that the Constitution provided that compensation for expropriation should be “fair and equitable” taking into account all relevant circumstances.
“The bill describes the circumstances in which it may be fair and equitable for nil compensation to be paid. It does not prescribe that nil compensation will be paid in these circumstances. The bill states that the amount of compensation will be determined by the courts, “said De Said Lille.
Parts of the bill state:
- It may be fair and equitable for zero compensation to be paid when land is expropriated in the public interest, when the land is not being used and the owner’s primary purpose is not to develop the land or use it to generate income, but to benefit from an appreciation of its market value.
- When a state body has land that it is not using for its basic functions and it is not reasonably likely that it will require the land for its future activities in that regard, and the state body acquired the land without consideration.
- Notwithstanding the property registration in terms of the Deed Records Law of 1937 (Law No. 47 of 1937), where an owner has abandoned the land by not exercising control over it.
- When the market value of the land is equivalent to or less than the present value of the direct state investment or the subsidy in the acquisition and improvement of the beneficial capital of the land and when the nature or condition of the property poses a health problem, security or physical. risk to persons or other property.
- When a court or arbitrator determines the amount of compensation in terms of Section 23 of the Agrarian Reform (Labor Tenants) Act of 1996 (Act No. 3 of 1996), it may be fair and equitable that no compensation is paid, having take into account all relevant circumstances.
De Lille said the bill provides certainty to South Africans and investors as it clearly outlines how an expropriation can be carried out and on what basis.
“This legislative certainty is critical as we rebuild our economy and invest in our communities. This existing Expropriation Law dates back to 1975. The Presidential Advisory Panel Report noted that it is inconsistent with the Constitution, and the correction of this has been during The panel pointed out that the 1975 law undermines the constitutionally enshrined principles of legal, procedurally fair and reasonable administrative justice, “he added.
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Vice President David Mabuza said: “It is a recognition of the urgency necessary to address past injustices and restore land rights in a responsible manner, while ensuring that food security is maintained; that equitable spatial justice is achieved; and that continued investment to expand our industrial base is assured. “
South Africans will have the opportunity to express their views while Parliament considers, debates and consults on the bill during the next process.
The invoice can be accessed here.
