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South Africa’s new land expropriation law is a sign of the government’s “urgency” to tackle the “injustices of the past”.
This is according to Vice President David Mabuza, when the government’s inter-ministerial committee on land reform announced on Sunday the publication of the expropriation bill.
The bill, which aims to ensure that land is redistributed for culture, human settlements and industrial development, was published on Friday.
“The publication of this important bill is a compelling indication that the government is really working to realize, repair and fulfill the aspirations of the people for an equitable society.
“It is a recognition of the urgency needed to address past injustices and restore land rights responsibly, while ensuring that food security is maintained, equitable spatial justice is achieved, and investment continues to expand our industrial base. it’s insured, ”Mabuza said.
The bill, the committee said, was established to replace the current Expropriation Act of 1975.
Public Works and Infrastructure Minister Patricia de Lille said the bill also details how and when the expropriation could take place. He said existing legislation was incompatible with the constitution.
“Our constitution expressly authorizes expropriation to redress the injustices of the past,” he said.
The bill was also part of the agricultural development program, De Lille said.
According to the committee, the state’s top legal adviser had certified the bill as constitutional.
“This paves the way for the next step in the process whereby the bill was published on Friday, October 9, 2020 and presented to parliament,” De Lille said.
The bill would be subject to parliamentary processes, he said.
According to the committee, various existing laws grant the president, at least seven national ministers, all provincial prime ministers and municipalities powers of expropriation.
“What is needed is a law of general application that ensures that any act of expropriation complies with the South African Constitution of 1996,” the committee said.
He said the public works and infrastructure department drafted the expropriation bill after a lengthy consultation process that included receiving about 50,000 comments from South Africans.
The department also consulted with business, labor, and community stakeholders through the National Labor and Economic Development Council (Nedlac).
“We must emphasize that the drafting of the expropriation bill was independent of the work of parliament in revising section 25 of the constitution. The bill has been drafted to be consistent with section 25 of the constitution as it currently stands, ”said De Lille.
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