Property will be expropriated if it is in the public interest, according to the draft Expropriation Bill tabled in Parliament on Wednesday.
”Expropriation in the public interest … provides government with a tool to achieve … land reform and reforms to bring about equitable access to all of South Africa’s natural resources,” according to a memorandum attached to the Bill.
This will broaden the scope of expropriation from the currently narrow term of ”public purpose”.
According to the Bill, public interest ”includes the nation’s commitment to land reform and to reforms to bring about equitable access to South Africa’s natural resources”.
The Bill provides for ”just and equitable” compensation, which has to strike a balance between the public interest and the interests of the land owners. A decision on the amount takes into consideration the property’s current use, market value, the history of its acquisition and purpose of the expropriation.
If agreement on compensation is not reached, an ”expropriation authority” will make a determination, according to the Bill. This can be appealed in court.
The authority will also have the ability to depart from prescribed expropriation procedures where this is reasonable and justifiable.
Under normal circumstances the authority will first hear objections and representations before a decision to expropriate is taken.
The draft is the result of changes to the Expropriation Act of 1975. This brings it in line with provisions in the Constitution dealing with equality, property rights, access to information and lawful, reasonable and fair administrative decision-making.
The Bill will be discussed by a Parliamentary committee before going to the National Council of Provinces for debate. — Sapa