Govt Must Negotiate With Landowner Before Expropriation, New Law Says

President Cyril Ramaphosa has signed the contentious Expropriation Bill into law, heralding a new framework governing how the government can expropriate property, including land.

Ramaphosas assent of the bill is the culmination of a five-year parliamentary process and public consultations that divided opinion.

The new law repeals the pre-democratic Expropriation Act of 1975 and sets out how organs of State may expropriate land in the public interest for varied reasons, the Presidency said on Thursday 23 January.

The Bill assented to by President Ramaphosa outlines how expropriation can be done and on what basis. This law will assist all organs of state - local, provincial and national authorities - to expropriate land in the public interest for varied reasons.

These reasons include promoting inclusivity and access to natural resources, among others. The new Expropriation Act now forms part of the legislative framework of Section 25 of the Constitution.

Critics of land expropriation often cited the risk of arbitrary implementation of the policy. Section 25 already provides for just and equitable compensation for expropriated property - and now the Act provides further safeguards.

In terms of this law, an expropriating authority may not expropriate property arbitrarily or for a purpose other than a public purpose or in the public interest, Ramaphosas spokesperson Vincent Magwenya said.

Expropriation may not be exercised unless the expropriating authority has, without success, attempted to reach an agreement with the owner or holder of a right in property for the acquisition thereof on reasonable terms.

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

The new law also compels the government to try to reach an agreement on the acquisition of a 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.