Expropriation Act: ‘Contradictory processes’ will prevent implementation, says Macpherson

The Expropriation Act remains unconstitutional, asserts Minister of Public Works and Infrastructure (DPWI) Dean Macpherson.

The minister shared his analysis of clauses within the Act that he believed created a conflict in processes that would infringe on the rights of property owners facing expropriation.

Macpherson spoke at a briefing on Saturday, where he and Democratic Alliance (DA) leader John Steenhuisen asked for the constitution to be upheld and respected.

‘Contradictory’ processes

The DPWI is the department tasked with implementing the Act, while the DA sought legal clarification on it.

“Effectively, there is a contradiction in the sequencing of how expropriation is supposed to occur between sections 7, 8 and 19,” said Macpherson.

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He argued that Section 19 stated that a set process should follow where the expropriating authority and owner can agree on the value of the expropriated property.

Section 19 states that parties must attempt to settle the dispute via mediation. If unable to do so, the state and the owner have 180 days from the date of the notice of expropriation to ask the courts to determine the appropriate value.

However, Macpherson argued that Sections 7 and 8 state the value must be determined before the notice of expropriation was served.  

He said these differences were problematic, as such an important piece of legislation could not have conflicting parameters.

“That is not a matter of interpretation, but it is a matter of fact. You cannot have two contradictory processes to determine expropriation contained in one bill. It can only be one or the other,” Macpherson said.

GNU partners must show respect

Steenhuisen was adamant that the Act would be challenged and was confident of halting its implementation.

Macpherson reiterated Steenhuisen’s earlier assertion that the ANC did not warn the party that the signing of the Expropriation Act was imminent.

The public works minister added that the move was one of “bad faith”, and stressed that the DA had solutions to Act that were ignored.

After Ramaphosa signed the Act, Macpherson said no arbitrary expropriation would be allowed under his watch and welcomed his party submitting a dispute with the president.  

“We cannot have situations where what happened this week becomes a norm or allowed to happen. We are partners. We are equal partners, and equal partners need to treat each other respectfully,” Macpherson said.

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