Direct transfers of property to third parties under the Expropriation Bill

Dr Anthea Jeffery, head of Special Research at the South African Institute of Race Relations, says that President Cyril Ramaphosa must refer the Expropriation Bill of 2020 back to the National Assembly, due to the lack of public involvement in the writing of the Bill.

- Dr Anthea Jeffery

The Expropriation Bill of 2020 (the Bill) was adopted by the legislature on 27 March 2024 and needs only President Cyril Ramaphosa's assent to become law. Yet Parliament failed to 'facilitate public involvement' in the lengthy legislative process on the Bill. It also omitted to bring the content of the Bill into line with the Constitution. This means - as the South African Institute of Race Relations (IRR) has pointed out in a letter and accompanying petition to the president - that Ramaphosa has a constitutional obligation not to sign the Bill. Instead, he must refer it back to the National Assembly for reconsideration.

A NEW CONCEPT OF 'EXPROPRIATION' INTRODUCED INTO THE BILL

Many clauses in the Bill remain unconstitutional and need to be redrafted along the lines the IRR has long proposed. Some, however, are new. One key change-added without public consultation - is particularly important because it allows expropriations of land, water rights and other assets directly to third parties. In doing so, it effectively introduces a new concept of expropriation. This conflicts with the definition earlier included. In addition, the change is likely to have major ramifications for commercial farmers.

The first definition was inserted into Clause 1 (the 'Definitions' section) when the Bill was first released for public comment. It defines 'expropriation' as 'the compulsory acquisition of property for a public purpose or in the public interest by an expropriating authority'. (Such an authority is generally an organ of state with the power to expropriate under the Bill or other legislation.) This definition comes from the Constitutional Court's judgment in the Agri SA case in 2013.