Expropriation Bill: Speaker must allow amendments before this anti-jobs Bill is passed

18 February 2016

The Expropriation Bill adopted by the Portfolio Committee of Public Works on 02 February 2016, is at odds with the Constitution and has the potential to give way to unchecked seizure of property by the government. This will do immeasurable damage to the already strained economy by increasing risk and uncertainty for investors and spurring on disinvestment. Ultimately this will cost South Africa jobs.

The DA’s objection to the adoption of this anti-jobs Bill fell on deaf ears with the ANC dominated committee accepting it without resolving one of the most important issues we raised.

I have therefore written to the Secretary of the National Assembly (NA), Masibulele Xaso, to include the DA’s further amendments to the Bill, before it is debated in Parliament. 

If President Zuma’s ANC is serious about job creation and establishing South Africa as an investment friendly destination, it will not pass this Bill until the plethora of issues remaining have been resolved.

Our amendments include:

- the use of a “competent person” when land that is to be expropriated is surveyed;

- expropriation “only upon the payment of compensation that is just and equitable”; and 

- in the case of a claim for damages by an expropriated party where a withdrawal of expropriation commenced,“payment of the amount claimed by the claimant for all reasonable costs and damages incurred, within 40 days from the date the claim was delivered to the expropriating authority by the claimant.”

These aim to fill various holes that can be exploited by the state or state bodies and which could have a devastating effect on farmers, miners, firms and normal South Africans, who would have to give up their property in exchange for meagre compensation. 

The state does not have unlimited power and the new Bill provides organs of state, as expropriating authorities, with powers that appear to exceed those contained in the Constitution.

Parliament cannot pass this Bill without satisfying itself that all with the Bill is consistent with the Constitution.

The Bill in its current form appears to be an ANC ploy to garner votes ahead of the 2016 Local Government Elections and is at direct odds with President Zuma’s hollow assertion that “South Africa is truly open for business.”

We cannot allow the plight of the 8.3 million jobless South Africans to be placed in further jeopardy through a political ploy.

Statement issued by Anchen Dreyer MP, DA Caucus Chairperson, 18 February 2016