Ekurhuleni to expropriate land without compensation immediately

The city of Ekurhuleni mayor Mzwandile Masina has announced that his city plans to expropriate four properties without compensation in a bid to test Section 25 of the constitution currently under review in parliament.

In a statement, Masina said the decision had been taken by the council to “act immediately to deal with its’s housing challenges”.

“It is important to note that expropriation can never be a means to an end, but it has to inherently serve a particular purpose of interest. To ensure strict compliance to Section 25 of the constitution, the first step was to exclude any hint go arbitrariness and/or unreasonableness in our action, including assessment of the possibility of an alternative property or availability of less invasive means.

“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,” Masina said.

He said the city has identified four occupied properties, whose owners have essentially relinquished their property ownership rights and responsibilities.

“The city plans to immediately develop and establish townships on these pieces of land.”

Details of the properties are as follows:

* “A”: PTN 40 of Farm Rietfontein 63-IR, which is 4.4. hectares and privately owned;
* “B”: REM 2 Elandsfontein 90-IR, which is 101.2 hectares and privately owned;
* “C”: Remainder of Extent Benoni 77-IR, which is 205 hectares and Government-owned; and
* “D”: PTN 406 Farm Driefontein 85-IR, which is 33.6 hectares and privately owned.

“We want the city of Ekurhuleni to be at the forefront of land reform in Gauteng. We were the first to launch the Rapid Land Release Programme, and now we want to be the first metro in Gauteng to expropriate land without compensation for the purposes of human settlement. Our resolve on this matter is guided by our commitment to serving the people of Ekurhuleni,” Masina said.

On Thursday, the parliamentary committee on whether the constitution should be amended to allow for the expropriation of land without compensation said it hoped to complete its work by November.

The committee said it would miss the deadline to submit a report with recommendations, set for Friday.

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