The purpose of the Expropriation Bill is to:
- Repeal the existing Expropriation Act 63 of 1975
- Provide a common framework in line with the Constitution to guide the processes and procedures for expropriation of property by organs of state
- Provide for instances where expropriation with nil compensation may be just and equitable.
DOWNLOAD PARLIAMENT’S EXPLANATORY NOTES
Loading...
Reload document 
Open in new tab LEGAL SYNOPSIS
Cliffe Dekker Hofmeyr in collaboration with Rosh Pinah Properties hosted a webinar on the Expropriation Bill 23 of 2020. They provided an update to the Bill, as well as insightful content and exploration points for the private and commercial property market in South Africa. The new Bill provides for the expropriation of property for a public purpose or in the public interest; to provide for certain instances where expropriation with no compensation may be appropriate in the public interest; with a variety of other elements contained within it. This new Bill has an impact on many businesses and parliament has called for public comments with regard to the Bill. The discussion focused on the new Bill’s most important and far reaching provisions. Watch below.
PARLIAMENTARY PORTFOLIO COMMITTEE MEETINGS
ARRANGEMENT OF ACT
CHAPTER 1 – DEFINITIONS AND APPLICATION OF ACT
1. Definitions
2. Application of the 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. Compensation claims
15. Offers of compensation
16. Requests for particulars and offers
17. Payment of amount offered as compensation
18. Property subject to mortgage or deed of sale
19. Payment of municipal property rates, taxes and other charges out of compensation money
20. Deposit of compensation money with Master
CHAPTER 6 – MEDIATION AND DETERMINATION BY COURT
21. Mediation and determination by court
CHAPTER 7 – URGENT EXPROPRIATION
22. Urgent Expropriation
CHAPTER 8 – WITHDRAWAL OF EXPROPRIATION
23. Withdrawal of Expropriation
CHAPTER 9 – RELATED MATTERS
24. Service and publication of documents and language used therein
25. Extension of time 25
26. Expropriation register
27. Civil offences and fines
28. Regulations
29. Regulations, legal documents and steps valid under certain circumstances
30. Interpretation of other laws dealing with expropriation 30
31. Repeal
32. Transitional arrangements and savings
33. Short title and commencement