Ramaphosa signs controversial Expropriation Bill into law

President Cyril Ramaphosa on Thursday signed the Expropriation Bill into law.

The Bill allows for the expropriation of land with no compensation if it’s in the interest of the public or for public purpose.

Although the Bill was adopted by the National Assembly in 2020, it was opposed by the DA, FF+ and some civil society groups.

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In a statement, the Presidency said the Bill allows for local, provincial and national authorities “to expropriate land in the public interest for varied reasons that seek, among others, to promote inclusivity and access to natural resources”.

Land expropriation needs to be in public interest

The Presidency added that property cannot be expropriated without it being in the public interest.

The Bill states that expropriation can only take place if an attempt has been made at reaching an agreement around the acquisition of land.

“An expropriating authority is therefore obliged to enter into negotiations with the owner of a property required for such purposes,” said the Presidency.

“An expropriating authority must also attempt to reach an agreement on the acquisition of the property before resorting to expropriation — except in circumstances where the right to use property temporarily is taken on an urgent basis in terms of a provision in the legislation.”

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Reacting to the news on X, ANC secretary-general Fikile Mbalula said the Bill will ensure land expropriation is done fairly, while “balancing the need for land reform with property rights”.

“The legislation marks a significant step in the government’s efforts to address historical land inequalities and promote equitable land redistribution,” he added.

‘Attack on property rights’

However, Bennie van Zyl, the spokesperson of farming union TLU, said the Expropriation Bill will negatively affect investor confidence and economic stability in South Africa.

“This decision signals a serious attack on the foundation of property rights, threatening not only farmers but all South Africans,” he said.

TLU also said food security in the country could be at risk.

“If the land on which we grow food is expropriated without the necessary capacity to manage it productively, millions of South Africans will bear the consequences through rising food prices and potential food shortages.”

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