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Draft Land Expropriation Bill on Track

December 6, 2019


6 December 2019

The Ad Hoc Committee to Initiate and Introduce Legislation Amending Section 25 of the Constitution has agreed on a draft bill to be published for comment next week.

The multiparty Ad Hoc Committee tasked with initiating and introducing legislation amending Section 25 of the Constitution to allow for land expropriation without compensation was set up in July 2019.

The plan is for the committee to report to the national assembly by 31 March 2020.

In a statement, the committee chairperson, Dr Mathole Motshekga, confirmed that the draft bill will be published in the Government Gazette next week for comment.

The committee also intends to publish an advert on 2 January 2020 that calls for public input until 31 January 2020.

“The Bill proposes that the amount of the compensation as contemplated and the time and manner of any payment, must be just and equitable, reflecting an equitable balance between the public interest and the interests of those affected, having regard to all relevant circumstances. National legislation must set out specific circumstances where a court may determine that the amount of compensation is nil.”

“The Bill further aims to clarify that such limitation is a legitimate option for land reform, so as to address the historic wrongs caused by the arbitrary dispossession of land, and in so doing ensure equitable access to land and further empower the majority of South Africans to be productive participants in ownership, food security and agricultural reform programs.”

The committee chairperson also pointed out that political parties will still be allowed to make further proposals on the legislative process as it unfolds.