Mayor embarks on landmark decision to expropriate land without compensation

The Ekurhuleni metro has identified four occupied properties, whose owners have essentially relinquished their property ownership rights and responsibilities.

Ekurhuleni mayor Mzwandile Masina

The Ekurhuleni Council has decided to initiate the process of land expropriation without compensation within the City in order to test Section 25 of the Constitution.

This is after mayor Mzwandile Masina announced plans to initiate expropriation without compensation.

He was addressing the council on September 27, at the Germiston Council Chambers during the ordinary council meeting.

“It is important to note that expropriation can never be a means to end, but it has to inherently serve a particular purpose of interest,” said the mayor.

“To ensure strict compliance to Section 25 of the Constitution the first step was to exclude any hint of arbitrariness or unreasonableness in our action, including assessment of the possibility of an alternative property available of less invasive means.”

Masina emphasised that the decision had been taken in order to serve public interest and the metro has to act immediately to deal with its housing issues.

“The Housing Act, read in the context and in line with the Bill of Rights has detailed responsibilities of municipalities in respect of making housing opportunities accessible.

“These rights place certain responsibilities on the City, in respect of which land and access to housing are central.

“The Constitution enjoins the state to ensure progressive realisation of these rights. The City has, since its inception been putting an effort to increase access to housing by, inter alia, purchasing available land for housing purposes.”

The metro plans to immediately develop and establish townships on these pieces of land.

• The properties are situated at PTN 40 of Farm Rietfontein 63-IR, which is 4.4 hectares and privately owned
• REM 2 Elandsfontein 90-IR, which is 101.2 hectares and privately owned
• Remainder of extent Benoni 77-IR, which is 205hectares and government-owned
• PTN 406 Farm Driefontien 85-IR, which is 33.6 hectares and privately owned.

Masina highlighted that he wants the Ekurhuleni metro to be at the forefront of land reform in Gauteng.