South African President Cyril Ramaphosa has signed a new bill that allows for the government’s expropriation of land without compensation under specific circumstances. This law replaces the Expropriation Act of 1975, aiming to align land acquisition with the Constitution. While the ANC supports the legislation as a step towards reform, the DA has expressed concern over potential government overreach.
South African President Cyril Ramaphosa has enacted a controversial law allowing government expropriation of private land without compensation in certain instances. This legislation was developed over five years and replaces the outdated Expropriation Act of 1975, aiming to bring land expropriation practices in line with the South African Constitution. The government asserts this change creates a unified framework for property expropriation by public entities.
The African National Congress (ANC) has welcomed the new act as a fundamental step towards land reform and transformation. In contrast, the Democratic Alliance (DA) has criticized the law, arguing it undermines essential checks on governmental authority and that they have concerns about its procedural elements. The DA plans to consult with their legal team to evaluate their position moving forward.
According to Section 25 of the Constitution, the government is permitted to seize land for public purposes but must compensate affected parties adequately. Contrary to the previous Act, which mandated market value compensation, the new law allows for “just and equitable” compensation, including scenarios where no compensation is warranted when the public interest necessitates it. These conditions apply if market value is less than investment costs or if the property jeopardizes public health.
In his communications, Ramaphosa emphasized the government’s commitment to negotiating with landowners prior to any expropriation. He reassured the public that a full attempt will be made to negotiate an agreement before expropriating land. Specifically, he stated, “Expropriation may not be exercised unless the expropriating authority has without success attempted to reach an agreement with the owner.”
Despite the legislative shift, South Africa continues to grapple with the legacy of apartheid, evident in ongoing racial and economic disparities. The white minority retains predominant ownership of wealth and land, while the Black majority faces significant obstacles in attaining equitable access to education and economic resources.
In summary, the recent changes to South Africa’s land expropriation laws by President Ramaphosa aim to align with constitutional principles while promoting land reform. However, this law has sparked intense debate, with criticisms from opposition parties highlighting concerns over the reduction of governmental regulations in property rights. The ongoing challenge of addressing historical injustices remains critical as the nation seeks to balance economic equity and land ownership among its citizens.
Original Source: www.jurist.org
