The voice of agriculture . Die stem van landbou . Izwe lezokulima

Publication of Explanatory Summary of the Expropriation Bill, 2020

09 OCTOBER 2020

  1. Notice is hereby given in terms of Rule 276(1)(b) of the Rules of the National Assembly that the Minister of Public Works and Infrastructure intends to introduce the Expropriation Bill,       2020, in the National Assembly shortly.
  2. The explanatory summary of the Bill is hereby published in accordance with Rule 276(1)(c) of the Rules of the National Assembly.

The Expropriation Bill, 2019 is a legislative measure that intends to give effect to the provisions of the Constitution, 1996. The constitutional provisions that are expressed through the Bill include;

  • the equality clause (section 9)
  • the property clause – including compensation and the extension of the purpose for expropriation to include public interest (section 25); and
  • just administrative action clause (section 33);

The Bill further establishes a uniform framework for the expropriation of property across the three spheres of government without interfering with the existing expropriation legislative competence of expropriating authorities. The uniform expropriation procedures prescribed in the Bill will ensure certainty to all affected persons and institutions.

The measures introduced by the Bill that differ significantly from the Expropriation Act, 1975 will make it mandatory for the expropriating authorities to –

  • publish an intended or actual expropriation, including the reason(s) for such an expropriation;
  • serve expropriation notice(s) on persons affected by an intended or actual expropriation; and
  • afford interested parties an opportunity to raise objections and make representations to an expropriating authority and require such authority to consider the representations prior to the decision to proceed with expropriation.

The Expropriation Bill, 2019 gives effect to section 25(3) of the Constitution, 1996 by including specific circumstances under which it may be just and equitable to determine compensation for expropriation.

  1. Please click here for a copy of the bill.

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