The Expropriation Bill signed into law by President Cyril Ramaphosa on Thursday has sparked a heated reaction from the Democratic Alliance (DA) and trade union Solidarity, with both threatening legal action. Public Works Minister Dean Macpherson, a DA member serving in Ramaphosa’s cabinet, took to social media to express his refusal to implement the policy of expropriation without compensation.
Land expropriation without compensation is a contentious issue for the DA, with the party stating it will not compromise on certain red-line issues, including the Bela Act and the National Health Insurance. The Bela Act faced similar opposition from the DA before a compromise was eventually reached.
The Expropriation Bill, which replaces the apartheid-era Expropriations Act, aligns legislation on expropriation with the Constitution, specifically section 25(2) which allows for expropriation for public purposes with just and equitable compensation. The new bill outlines the conditions for declaring nil compensation as just and equitable, the process for expropriation, and the categories of land that can be expropriated.
Presidential spokesperson Vincent Magwenya emphasized that the expropriating body must act in the public interest and attempt to reach agreement with the owner on reasonable terms before proceeding with expropriation. Disputes can be referred for mediation or to appropriate courts.
The DA has announced its intention to challenge the implementation of the Bill in court, citing reservations about the procedure and substantive aspects of the legislation. Macpherson has declared that he will not implement the Bill during his tenure as Minister of Public Works and Infrastructure, reaffirming the importance of property rights under the Constitution.
As the legal battle over the Expropriation Bill looms, the future of land expropriation without compensation in South Africa remains uncertain. The clash between political parties and interest groups underscores the complexity and sensitivity of land reform in the country. DA leader John Steenhuisen is scheduled to address the media this Saturday regarding the Democratic Alliance’s response to the signing of the Bill and the ANC’s alleged agenda to implement the National Health Insurance. Steenhuisen will also discuss the impact of these developments on the unity of the Government of National Unity.
While there is opposition to the Bill from those on the right of the ANC, there are also parties on the left who are critical of it. The uMkhonto weSizwe (MK) party and the Economic Freedom Fighters (EFF) have both condemned the Bill, calling it a “legislative cop-out” by President Ramaphosa. The EFF went as far as to label the Bill an “absurdity” and accused the government of attempting to deceive the public, stating that true land reform can only be achieved through an amendment to section 25 of the Constitution.
The EFF has announced their intention to introduce their own legislative proposals in parliament to address the issue of land restitution. On the other hand, the ANC and its allies have welcomed the signing of the Bill, emphasizing that it is a necessary update to the outdated 1975 Expropriation Act. They believe that the new law will help accelerate land reform by allowing for expropriation with full, partial, or no compensation as needed.
Labour federation Cosatu has also expressed support for the new law, stating that it provides a balanced approach to land reform while preventing the state from being exploited by excessive compensation demands. They believe that the Act is in line with the constitution and international norms, ensuring that the rights of workers and ordinary citizens are respected.
Despite opposition from right-wing groups, Cosatu urges for a calm and rational approach to transformation issues, emphasizing the importance of upholding justice and equity. The debate surrounding the Bill is likely to continue as different parties and stakeholders express their views on the matter.
