Transform SA Digital Issue 29 - Magazine - Page 10
LAND EXPROPRIATION WITHOUT
COMPENSATION GEARS FORWARD
Government has tabled the Expropriation Bill that outlines the circumstances under
which expropriation of land without compensation would be permissible.
The bill aims to amend Section 25 of the Constitution to allow for land
expropriation without providing compensation. The mechanism was
established by a resolution of the National Assembly first during the
Fifth Parliament, and then again in the Sixth Parliament, which resulted
in the development of this Bill.
During his State of the Nation Address (SONA), President Cyril
Ramaphosa announced that all beneficiaries of land would undergo
compulsory training before receiving the land.
“We are prioritising youth, women, people with disabilities and those
who have been farming on communal land and are ready to expand
their operations for training and allocation of land,” Ramaphosa said.
The bill proposes that the amount of the compensation and the
time and manner of any payment for expropriated land must be just
The bill also states that national legislation must also set out specific
circumstances where a court may determine that the amount of
compensation is nil. “Provided that in accordance with subsection (3A) a
court may, where land and any improvements thereon are expropriated
for the purposes of land reform, determine that the amount of
compensation is nil,” a section from the bill said.