# summary

- Link: https://dearsouthafrica.co.za/expropriation-bill-2023/summary/
- Published: 2023-02-07T12:37:45+02:00
- Author: dearSA

[ View the Expropriation Bill campaign](https://dearsouthafrica.co.za/expropriation-bill-2023/)

Participation report

_coming soon_

All public comments as delivered

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Notice

![Expropriation Bill notice](https://cdn.dearsouthafrica.co.za/wp-content/uploads/
2023/02/07123233/Expropriation-Bill-notice.jpg "Expropriation-Bill-notice")

The Expropriation Bill

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### Articles of interest

 * Businesstech –[ Property law changes planned for 2023 – 4 important bills to keep an eye on](https://businesstech.co.za/news/property/654933/property-law-changes-planned-for-2023-4-important-bills-to-keep-an-eye-on/)
 * Businesstech – [New land expropriation laws for South Africa are coming](https://businesstech.co.za/news/government/664969/new-land-expropriation-laws-for-south-africa-are-coming/)

Encourage participation – distribute this poster/flyer – or place at your office

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### STATEMENTS FROM OTHER ORGANISATIONS

Click on a logo to view.

![](https://cdn.dearsouthafrica.co.za/wp-content/uploads/2023/02/08141853/IRR-logo.
png "IRR logo")

Want to display your organisation’s statement?
 [Click here. ](https://dearsouthafrica.co.za/expropriation-bill-2023/summary/ exprop@dearsouthafrica.co.za?subject=org info for expropriation info page)

WHEREAS section 25 of the Constitution of the Republic of South Africa, 1996, provides
as follows:
 ** ‘‘Property” 25. (1) No one may be deprived of property except in
terms of law of general application, and no law may permit arbitrary deprivation
of property.

(2) Property may be expropriated only in terms of law of general application—
 (
a) for a public purpose or in the public interest; and (b) subject to compensation,
the amount of which and the time and manner of payment of which have either been
agreed to by those affected or decided or approved by a court.

(3) The amount of the compensation and the time and manner of payment must be just
and equitable, reflecting an equitable balance between the public interest and the
interests of those affected, having regard to all relevant circumstances, including—
(
a) the current use of the property; (b) the history of the acquisition and use of
the property; (c) the market value of the property; (d) the extent of direct state
investment and subsidy in the acquisition and beneficial capital improvement of 
the property; and (e) the purpose of the expropriation.

(4) For the purposes of this section—
 (a) the 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; and (b) property is not limited to land.

(5) The state must take reasonable legislative and other measures, within its available
resources, to foster conditions which enable citizens to gain access to land on 
an equitable basis.

(6)A person or community whose tenure of land is legally insecure as a result of
past racially discriminatory laws or practices is entitled, to the extent provided
by an Act of Parliament, either to tenure which is legally secure or to comparable
redress.

(7) A person or community dispossessed of property after 19 June 1913 as a result
of past racially discriminatory laws or practices is entitled, to the extent provided
by an Act of Parliament, either to restitution of that property or to equitable 
redress.

(8) No provision of this section may impede the state from taking legislative and
other measures to achieve land, water and related reform, in order to redress the
results of past racial discrimination, provided that any departure from the provisions
of this section is in accordance with the provisions of section 36(1).

(9) Parliament must enact the legislation referred to in subsection (6).’’; and

**WHEREAS** section 33(1) of the Constitution provides that everyone has the right
to administrative action that is lawful, reasonable and procedurally fair; and

**WHEREAS** section 34 of the Constitution provides that everyone has the right 
to have any dispute that can be resolved by the application of law decided in a 
fair public hearing before a court or, where appropriate, another independent and
impartial tribunal or forum; and

**WHEREAS** uniformity across the nation is required in order to deal effectively
with these matters;

**AND IN ORDER TO ENABLE** expropriation in accordance with the Constitution,

**BE IT THEREFORE ENACTED** by the Parliament of the Republic of South Africa, as
follows:—

**ARRANGEMENT OF SECTIONS **

**CHAPTER 1 — DEFINITIONS AND APPLICATION OF ACT
 
1. Definitions
 2. Application
of Act

**CHAPTER 2 — POWERS OF MINISTER TO EXPROPRIATE**
 3. Powers of Minister to expropriate
4. Delegation or assignment of Minister’s powers and duties

**CHAPTER 3 — INVESTIGATION AND VALUATION OF PROPERTY**
 5. Investigation and gathering
of information for purposes of expropriation 6. Consultation with municipality during
investigation

**CHAPTER 4 — INTENTION TO EXPROPRIATE AND EXPROPRIATION OF PROPERTY**
 7. Notice
of intention to expropriate 8. Notice of expropriation 9 . Vesting and possession
of expropriated property 10. Verification of unregistered rights in expropriated
property 11. Consequences of expropriation of unregistered rights and duties of 
expropriating authority

**CHAPTER 5 — COMPENSATION FOR EXPROPRIATION**
 12. Determination of compensation
13. Interest on compensation 14. Requests for particulars 15. Payment of compensation
16. Property subject to mortgage or deed of sale 17. Payment of municipal property
rates, taxes and other charges out of compensation money 18. Deposit of compensation
money with Master

**CHAPTER 6 — MEDIATION AND DETERMINATION BY COURT**
 19. Mediation and determination
by court

**CHAPTER 7 — URGENT EXPROPRIATION**
 20. Urgent expropriation

**CHAPTER 8 — WITHDRAWAL OF EXPROPRIATION**
 21. Withdrawal of expropriation

**CHAPTER 9 — RELATED MATTERS**
 22. Service and publication of documents and language
used therein 23. Extension of time 24. Expropriation register 25. Offences and fines
26. Regulations 27. Regulations, legal documents and steps valid under certain circumstances
28. Interpretation of other laws dealing with expropriation 29. Repeal 30. Transitional
arrangements and savings 31. Short title and commencement

Close

### Institute of Race Relations - IRR

### IRR CALLS ON NCOP TO REJECT THE EXPROPRIATION BILL AND FULFIL ITS ROLE AS UPPER HOUSE

_Feb 08, 2023_

The Institute of Race Relations (IRR) has called on the National Council of Provinces(
NCOP), in particular its Select Committee on Transport, Public Service and Administration,
Public Works and Infrastructure, to reject the Expropriation Bill, which was adopted
by the National Assembly in September 2022.

The Institute of Race Relations (IRR) has called on the National Council of Provinces(
NCOP), in particular its Select Committee on Transport, Public Service and Administration,
Public Works and Infrastructure, to reject the Expropriation Bill, which was adopted
by the National Assembly in September 2022.

The NCOP is the upper house of Parliament, and the National Assembly the lower. 
Both houses must approve legislation before it can become law. The National Assembly
failed to heed numerous and sustained warnings from civil society regarding the 
dangers represented by the Bill.

Since 2008 when the Expropriation Bill was first mooted, the IRR has warned of the
risks to property rights, and thus the prosperity built upon property rights, that
would result should the Bill be adopted. The Bill remains dangerous today, despite
repeated revisions over 15 years.

Among other things, the Bill makes it significantly easier for government to expropriate
property, and more difficult for property owners – whether farmers, businesspeople,
or homeowners – to protect themselves against expropriation. Most contentiously,
the Bill makes provision for so-called ‘expropriation without compensation’, an 
unconstitutional phenomenon incompatible with human flourishing.

If adopted, the Bill’s presence in the statute book could spell disaster for economic
growth, foreign investment, and the delicate balance of power between government
and civil society.

‘Upper houses in legislatures are designed to act as a brake on the often reckless
passions of lower houses, which is why they are rarely directly elected. They are
forums for calm reconsideration of what the lower house might have deemed an open-
and-shut case,’ says Martin van Staden, IRR Deputy Head of Policy Research.

‘The Expropriation Bill is a textbook example of a harmful policy adopted for reasons
of political expediency and for the incumbent government to take as much undeserved
power away from civil society as it can. Society stands to gain nothing from the
Bill’s adoption and to lose much. It is in these textbook examples where upper houses
must intervene and restore measured sanity,’ adds Van Staden.

The IRR is in the process of preparing a formal submission to the Select Committee.
View the IRR’s previous submission (to the National Assembly’s Portfolio Committee
on Public Works and Infrastructure) on the same Bill, as well as the IRR’s campaign
to stop the Bill, here: [https://irr.org.za/campaigns/stop-the-expropriation-bill](https://irr.org.za/campaigns/stop-the-expropriation-bill)
**
Media contact: **Martin van Staden, Deputy Head of Policy Research – 079 501 3522;
[martinvs@irr.org.za](https://dearsouthafrica.co.za/expropriation-bill-2023/summary/martinvs@irr.org.za)

**Media enquiries:** Michael Morris Tel: 066 302 1968 Email: [michael@irr.org.za](https://dearsouthafrica.co.za/expropriation-bill-2023/summary/michael@irr.org.za)

Sinalo Thuku, Tel: 073 932 8506 Email: [sinalo@irr.org.za](https://dearsouthafrica.co.za/expropriation-bill-2023/summary/sinalo@irr.org.za)