South Africa Passes New Land Expropriation Law, Replacing Apartheid-Era Legislation
The bill applies to local, provincial, and national government authorities, enabling land acquisition for purposes including promoting inclusivity and improving access to natural resources.
PRETORIA, South Africa- President Cyril Ramaphosa has signed the Expropriation Bill into law, modernizing South Africa's land acquisition framework by replacing a pre-democratic statute with legislation aligned to the post-apartheid Constitution, writes Winston Mwale.
The new law, following five years of public consultation and parliamentary review, provides a comprehensive legal mechanism for government entities to expropriate property in the public interest, subject to just compensation.
Key provisions of the legislation include:
- Requiring expropriating authorities to first attempt negotiating property acquisition with owners
- Prohibiting arbitrary expropriation
- Mandating that expropriation serve a clear public purpose
- Establishing procedures for dispute resolution through mediation or courts
Section 25 of the Constitution recognizes expropriation as a legitimate state mechanism for acquiring property, a principle now explicitly detailed in the new law.
The bill applies to local, provincial, and national government authorities, enabling land acquisition for purposes including promoting inclusivity and improving access to natural resources.
Critically, the law stipulates that expropriation can only occur after unsuccessful attempts to reach a reasonable agreement with property owners, except in urgent circumstances defined by the legislation.
The move represents a significant legal reform, transforming a remnant of apartheid-era property legislation into a constitutional, democratic framework for land management.