Cape Town – President Cyril Ramaphosa has signed the Expropriation Bill into law, replacing the Expropriation Act of 1975 with a framework that aligns with South Africa’s democratic Constitution.
The move, announced on Thursday, sets out how property can be expropriated by the state in the public interest, subject to just and equitable compensation.
The newly enacted law follows a rigorous five-year process of public consultation and parliamentary deliberation.
It is designed to facilitate land reform and promote inclusivity by granting local, provincial, and national authorities the power to expropriate land for public purposes or in the public interest, as provided for in Section 25 of the Constitution.
President @CyrilRamaphosa has signed into law the Expropriation Bill which 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. https://t.co/8KLTdkjBZm
— The Presidency 🇿🇦 (@PresidencyZA) January 23, 2025
“Section 25 of the Constitution recognises expropriation as an essential mechanism for the state to acquire someone’s property for a public purpose or in the public interest, subject to just and equitable compensation being paid.
“Up to now, expropriation of property has been governed in terms of the Expropriation Act of 1975, which predates the expropriation mechanism provided for in section 25(2) of the Constitution,” the Presidency said in a statement.
The law stipulates that expropriation cannot occur arbitrarily or for reasons other than public purpose or public interest. Furthermore, authorities must first attempt to negotiate an agreement with property owners on reasonable terms before proceeding with expropriation.
In cases where disputes arise, the law provides mechanisms for mediation or referral to the courts. Exceptions to the negotiation requirement apply only in urgent cases where temporary use of property is needed.
The Presidency said that the legislation represents a critical step toward addressing historical injustices and ensuring fair access to land and natural resources.
The Expropriation Bill is expected to have a significant impact on land reform efforts, although its implementation will likely attract close scrutiny and public debate.
Follow African Insider on Facebook, Twitter and Instagram
