Expropriation Bill 2013: revised but still some concerns

The DA notes revisions to the draft Expropriation Bill, discussed in the Portfolio Committee on Public Works today, however there are a number of concerning provisions that remain and should not be included in the final version of the Bill.

The DA will engage robustly with this bill when it comes before Parliament and will ensure that it does not impact unfairly on people's property rights.

The Expropriations Bill was first introduced in Parliament in 2008 but was withdrawn after it was met with serious opposition. It was deemed unconstitutional in that it vested power in government officials to decide on the amount of compensation for expropriated land, rather than the courts. 

The new draft Bill has changed this and allows the courts - rather than the state - to decide the compensation payable for expropriated property.

In all other aspects, the 2013 version of the Bill is flawed in a number of respects:

• It extends wide-ranging powers to not only the Minister of Public Works, but also government departments and other state entities at all three tiers of government;
• The definition of "property" continues to be very broad and can therefore be read as applying to any and all kinds of property with an economic value;
• It allows an "expropriating authority" to take up ownership and possession of property before paying any form of compensation at all;
• It states that compensation becomes payable only when its amount has been agreed with the State or decided by the courts;
• It puts great pressure on the expropriated owner to accept the compensation offered by the state, rather than remain without the benefit of either the property or its value in money; and
• The National Development Plan (NDP) recognises the vital importance of secure of property rights, this Bill runs the risk of undermining this.

The Deputy Minister admitted that the Department is in distress. Legislation and policy is only as good as its implementation and at present, the Department cannot even sort out its asset register. 

Deputy Minister Cronin assured us today that this will not lead to an "orgy of expropriation", in its current state, the Bill may very well lead to this.

Statement issued by Anchen Dreyer MP, DA Shadow Minister of Public Works, April 17 2013

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