Expropriation Bill 2023

Expropriation Bill
comments individually delivered (closed 6 March, 2023)

The Select Committee on Transport, Public Service and Administration, Public Works and Infrastructure invited the public to comment on the Expropriation Bill

    • To provide for the expropriation of property for a public purpose or in the public interest;
    • Regulate the procedure for the expropriation of property for a public purpose or in the public interest, including payment of compensation;
    • Identify certain instances where the provision of nil compensation may be just and equitable for expropriation in the public interest;
    • ‘‘public interest’’ includes the nation’s commitment to land reform, and to reforms to bring about equitable access to all South Africa’s natural resources in order to redress the results of past racial discriminatory laws or practices.

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    (3) It may be just and equitable for nil compensation to be paid where land is expropriated in the public interest, having regard to all relevant circumstances, including but not limited to—

    • (a) where the land is not being used and the owner’s main purpose is not to develop the land or use it to generate income, but to benefit from appreciation of its market value;
    • (b) where an organ of state holds land that it is not using for its core functions and is not reasonably likely to require the land for its future activities in that regard, and the organ of state acquired the land for no consideration;
    • c) notwithstanding registration of ownership in terms of the Deeds Registries Act, 1937 (Act No. 47 of 1937), where an owner has abandoned the land by failing to exercise control over it;
    • (d) where the market value of the land is equivalent to, or less than, the present value of direct state investment or subsidy in the acquisition and beneficial
      capital improvement of the land; and
    • e) when the nature or condition of the property poses a health, safety or physical risk to persons or other property.