/ 17 April 2008

FF+: Draft Expropriation Bill is unconstitutional

The draft Expropriation Bill will undermine property rights and could scare off foreign investors, the Freedom Front Plus (FF+) said on Thursday.

The proposed Bill, tabled on Wednesday, also goes against United Nations guidelines on eliminating racial discrimination, said party leader Pieter Mulder in a statement.

The UN guidelines, which also refer to forced removals, prohibit the permanent or temporary removal, against their will, of people from land they occupied without provision of, and access to, appropriate forms of legal or other protection.

South Africa is one of 160 countries that are party to and have ratified these guidelines.

”The FF+ foresees that the consequences of the proposed legislation will be totally different to that which the ANC intends it for,” said Mulder, adding that the party will raise these objections, as well as make use of the Constitution, to oppose the Bill.

”Should the necessary amendments not be made thereafter, the FF+ is considering approaching the Constitutional Court for a decision on this matter.”

According to the Bill, property will be expropriated if it is in the public interest.

”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 purpose 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”. — Sapa