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.
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Syngenta Seedcare celebrates a decade of innovation
Syngenta's ambition is to enable their customers' investments to grow in healthy soil from treated seeds to young plants through innovation and collaboration, writes Magda du Toit.
Agri workers shine at Western Cape awards
Lindie-Alet van Staden, a garden and olive orchard manager at L’Ormarins Wine Estate in Franschhoek, was crowned as the Western Cape Prestige Agri-Worker of 2024 at a gala event recently held near Paarl.
Small and large farmers recognised at grain awards
The annual Grain SA/Syngenta awards ceremony bears testimony to the quality of farmers in the grain industry.
Growing partnerships: Fedgroup's flexible and innovative approach
Janine Ryan spoke to Warren Winchester, general manager of impact investing at Fedgroup, about why the company became involved in agriculture, and what it offers farmers and their immediate communities.
Why fish farms fail, and how to avoid becoming a statistic
The popularity of launching fish farms is not matched by their success. Leslie Ter Morshuizen, owner of Aquaculture Solutions, explores the factors that cause most of these businesses to go under.
Where history and modernity meet in a luxurious setting
Brian Berkman kept his eyes peeled for ghosts in the oldest continuously run hotel in South Africa, but all he found was a fabulous two-night stay.
THE HITCHING POST
I'm a stylish elderly lady with a radiant glow and a good sense of humour that keeps me young at heart.
Cutworms: check the weeds on your fields!
Zunel van Eeden explains why understanding the ecological interplay between cutworms and weeds is crucial for effective pest management. Producers should disrupt the life cycle of cutworms to minimise crop damage.
Does high-density grazing mimic grazing patterns of game?
In their paper on high-density grazing in Southern Africa, professors Angelinus Franke and Elmarie Kotzé from the Department of Soil, Crop and Climate Sciences at the University of the Free State say high-density grazing systems may not accurately reflect natural ecosystems. Roelof Bezuidenhout reports.
Global grain outlook: 2024/25 marketing season
In its latest summer crops report, the Crop Estimates Committee says South African farmers intend to plant 4,47 million hectares of summer grains and oilseeds in the 2024/25 season, up 1% from the previous season. As South Africa exports maize and soya bean, Annelie Coleman reports on the latest trends in the international grain and oilseed markets, amid fluctuations in weather conditions and ongoing armed conflicts.
