The African National Congress (ANC) caucus in Parliament has expressed support for the signing of the Expropriation Bill into law by President Cyril Ramaphosa.
The ANC described criticism of the legislation as unsurprising, asserting that it mainly comes from those who benefitted from the 1975 Expropriation Act and systems of institutionalized racism.
The party said it believes the new law balances protecting the rights of expropriated landholders and advancing public interest.
The law enables the government to expropriate land in the public interest for various purposes, which the ANC says will help promote inclusivity and address land issues affecting marginalized communities.
Deputy Minister of Public Works and Infrastructure Sihle Zikalala said the legislation will facilitate socio-economic development and contribute to economic transformation.
“It’s not a political issue, this is a socio-economic issue,” he stated, emphasizing the role of the law in addressing inequalities in land ownership.
President Cyril Ramaphosa signs Expropriation Bill into law:
However, opposition parties, including the Democratic Alliance (DA), Freedom Front Plus (FF Plus), Economic Freedom Fighters (EFF), and African Transformation Movement (ATM), have criticized the Act and plan to challenge it.
DA spokesperson Willie Aucamp said, “The DA strongly reiterates its opposition to the Expropriation Bill which President Cyril Ramaphosa has now signed into law. While the DA recognises that the Constitution allows for Acts redress and restitution including land reform, we have serious reservations about the procedure as well as important substantive aspects of the Bill.”
FF Plus leader Dr. Pieter Groenewald argued that the Act allows for expropriation without compensation, calling it unconstitutional.
He says, “Section 12 stipulates where the value paid to the owner can be at no value so no value is nothing else like expropriation without compensation. We believe that it is unconstitutional and therefore the FFPlus will take this matter to the Constitutional Court because Section 25 of the Constitution is quite clear that when it comes to the expropriation the money paid must be fair and equitable and in line with the property.”
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The EFF has rejected the law, claiming it does not adequately address land redistribution. The party is calling for the amendment of Section 25 of the Constitution to include state custodianship of land and plans to table new legislative proposals to address the issue.
The party believes the section could be interpreted to mean that only land that is of little value could be expropriated without compensation, therefore not addressing the issue of land redistribution in the country.
The Expropriation Bill repeals the 1975 Act and outlines how expropriation may occur in alignment with Section 25 of the Constitution. It underwent a five-year public consultation and parliamentary review process before being signed into law.
