land expropriation without compensation bill

MPs are now busy deliberating on the Bill to amend the constitution clause by clause and they hope to finish with the deliberations before the end of May. “The Bill further states it may be just and equitable for no compensation to be paid where land is expropriated in the public interest, where the land is not being used and the owners main purpose is not to develop the land, where an organ of state holds land it is not using for its core function, where an owner has abandoned the land by failing to exercise control over it. Expropriation of land without compensation became a song of the year which every subject danced to. LAND EXPROPRIATION WITHOUT COMPENSATION. Additionally, the bill, including and particularly the notion of expropriation without compensation included therein, will only yield detrimental economic consequences if enacted,” Le Roux said. Expropriation without compensation has been a controversial topic amongst South Africans since the possibility thereof was first announced by the President. But this can only happen in select … The Ad Hoc Committee (the Committee) responsible for drafting the Bill is nevertheless considering amending it – and making it very much worse – in three crucial ways. It is not about the EFF or ANC. It should be noted that the Expropriation Bill is not law yet and the Government invites you to comment on the Bill at:  https://dearsouthafrica.co.za/expropriation-bill2/ before the 10th of February 2021. The Bill sets out guidelines for the determination of compensation, the interest thereon and offers of compensation, including the payment thereof. Expropriation Bill paves way for govt to seize abandoned land without compensation. It is worthwhile cutting through the noise. The pre-expropriation phase entails that an investigation must take place with regards to the property and a valuator must be appointed to provide a valuation for the property. The Expropriation Bill requires valuations to include market value, current use, historical use, previous state input, and the purpose of expropriation. That bill … Cape Town - The ad hoc committee on the expropriation of land without compensation believes it will finish its job to craft a Bill before the end of May. That bill, once enacted, will allow for nil compensation on the expropriation of both land and the improvements on it. Expropriation without compensation: The Expropriation Bill The notion of expropriation without compensation has elicited much discourse, among both South Africans and foreign investors. The Constitution provides that compensation for expropriation must be “just and equitable” having regard to all relevant circumstances. The owner or holder is also entitled to compensation as calculated, determined and paid in terms of the Bill. City Press – Expropriation Bill still divides parliamentary committee PREVIOUS CAMPAIGNS ON LAND EXPROPRIATION In June 2018, the first call for comment on expropriation without compensation was opened to the public to assist the Ad Hoc Committee in tabling a report … Public purpose “includes any purposes connected with the administration of the provisions of any law by an organ of state”, while public interest “includes the nation’s commitment to land reform, and to reforms [that] bring about equitable access to all South Africa’s natural resources in order to redress the results of past racial discriminatory laws or practices”. It is a farmer organization Free State Agriculture (FSA) that believes that South Africa’s already-hit economy will be hit by downgrades and worsening investment withdrawals if legislation permits the expropriation of land without compensation. The Expropriation Bill defines “expropriation” as the “compulsory acquisition of property”. Changing the Constitution to allow for expropriation without compensation has certainly ignited South African politics for 2020. He said they did not deny the need for South Africa to have a lawful expropriation … Cape Town - The ad hoc committee on the expropriation of land without compensation believes it will finish its job to craft a Bill before the end of May. It states zero compensation may be paid where land is expropriated in the public interest, including but not limited to where the land is not being used, and the owner's main purpose is not to develop the land or use it to generate income, but to benefit from the appreciation of its market value. The expropriating authority must then give notice of intention to expropriate to the owner of the property or the holder of the unregistered rights therein. Expropriation without compensation is coming - what you need to know. If no agreement can be reached within 40 days after the owner or holder’s response, the expropriating authority must elect whether to proceed with the expropriation or not. The latest Expropriation Bill was introduced to Parliament on the 12 th of October 2020. The deadline to make written submissions on the Draft Constitution Eighteenth Amendment Bill has been extended by a month to the end of February. Expropriation is not a new concept in South African law. Despite many divergent views on the issue, recent parliamentary developments indicate that expropriation without compensation in South Africa may no longer be a distant … The biggest concern is what effect the expropriation will have on existing … That ANC conference, in a last-minute resolution driven by the radical economic transformation (RET) grouping, adopted expropriation without compensation. Crosby says that Agri SA … It excludes any premium to be paid if the property is taken without consent – plus any enhancements that are unlawful, or “anything done with the object of obtaining compensation”. But the … The notice must contain certain information and it must be served on the owner or holder and published in the Government Gazette. If parties cannot agree on the amount of compensation, either of them may approach a competent court in terms of Section 21 of the Bill. The other process involves the new Expropriation Bill, which consists of sub-clauses that provide for the circumstances where the expropriating authorities will be able to take property at nil compensation. In other words, we’ll be giving our legislature a blank cheque, to decide on any number of future instances in which we will have expropriation without compensation. Government has announced it's gazetted and placed before parliament the land expropriation without compensation bill. The committee was now in the process of deliberating on the Bill to amend Section 25 of the Constitution to allow for the expropriation of land without compensation clause by clause. If expropriation authority wishes to proceed, the authority must give notice of expropriation in terms of the Bill. Business Insider SA Mar 29, 2021, 02:11 PM facebook. The current debate about the Land Expropriation Without Compensation (LEWC) is driven by the poverty, unemployment, and inequality in South Africa (Mubecua and … Expropriation without compensation is, however, not limited to the above circumstances. Expropriation without compensation has been a controversial topic amongst South Africans since the possibility thereof was first announced by the President. The draft constitutional amendment bill (the Bill) allowing land expropriation without compensation (EWC) is already damaging enough to make South Africa largely uninvestable. The effects of expropriation without compensation. The Bill, however, states that an expropriating authority may not expropriate property arbitrarily or for a purpose other than a public purpose or public interest (in line with Section 25 of the Constitution of South Africa). It had a few months ago been conducting public hearings across the country. An urgent expropriation may only take place under certain circumstances, where there is no suitable property held by government. All rights reserved, Please visit the official Government information portal for Coronavirus by clicking HERE. The money spent on land reform and land fees should be used to purchase land for reform purposes, not a long-term expropriation process. If the expropriating authority does not wish to proceed, the owner/holder must be informed accordingly and it must be published in the Government Gazette. 22 December 2020 | Marili Orffer. An example of the latter would be expropriation in order to settle a land claim instituted in terms of the Restitution of Land Rights Act (Act 22 of 1994). Since then, a lot of wat The new bill, gazetted on Friday, aims to replace the Expropriation Act of 1975 and makes provisions for expropriation without compensation. Minister of Public Works and Infrastructure Patricia De Lille. CURRENT POSITION. The notion of expropriation without compensation is not new in our law. The process ended in Parliament where a number of stakeholders were invited to make oral submissions. This is the deadline the committee asked from Parliament when it sought an extension early this year when it could not meet the end of March deadline to conclude its work. We turn those words into actions and have become one of the most reputable firms in South Africa to represent you across a broad spectrum of legal matters. … With the draft bill set to be published for public comment in … The ANC's Plans For Land Expropriation, Corruption, NHI And More This Year; SA Land Expropriation Plans Hit A Legal Snafu ; How Cape Town Plans To Fight Land Invasions [imagesource:here] Last year, on October 9, the Department of Public Works and Infrastructure published the Expropriation Bill B3-2020. Should you have an expropriation matter that you need legal assistance with, feel free to contact us. twitter. These circumstances are, inter alia, where the land is not being used and the owner’s main purpose is not to develop the land or use it to generate income, but to benefit from appreciation of its market value; where an organ of state holds land that it is not using for its core functions and is not reasonably likely to require the land for its future activities in that regard, and the organ of state  acquired the land for no consideration; where an owner has abandoned the land by failing to exercise control over it; where the fair market value of land is equivalent to, or less than, the present value of direct state investment or subsidy in the acquisition and beneficial capital improvement of the land; and where the nature or condition of the property poses a health, safety or physical risk to persons or other property. De Lille instructed … April 9, 2021 . email. An expropriating authority may exercise the right to use property temporarily if the property is urgently required, for a period no longer than 12 months. “We have been tasked to find solutions to the historical problem that we have. The Bill prescribes formalities and requirements for all of the above. dailymaverick.co.za - The clock is ticking toward the end-May deadline for a constitutional amendment to expressly allow land expropriation without compensation. SA parliament (Gallo) Parliament is currently hearing public comments on South Africa’s Expropriation Bill. This is the deadline for the committee to conclude its work. The Constitution Eighteenth Amendment Bill which seeks to amend section 25 of the constitution to provide for expropriation of land without compensation will be gazetted next week for public comment. It will also impart parliament to adopt any number of further statutes, by ordinary majority, in which they will set out the circumstances in which nil compensation should apply. On 13 December 2019, the Constitution Eighteenth Amendment Bill (the Amendment Bill) was published in the Government Gazette. The Bill further provides for Urgent Expropriations. Therefore, this particular section is not in line with the Constitution of South Africa. The Act provides that the Minister may expropriate property or temporarily take use of the property for public purposes, subject to the obligation to pay compensation for the expropriation or the temporary use. The Expropriation Bill is the enabling legislation which is proposed to give effect to expropriation of land. Currently, expropriation is allowed and is governed by both the Constitution and the Expropriation Act. On 13 December 2019, the Constitution Eighteenth Amendment Bill (the Amendment Bill) was published in the Government Gazette. If the expropriating authority elects to proceed with expropriation, it must see to the requirements and formalities in terms of Section 8 of the Bill in respect of the notice to expropriate. The expropriating authority may also elect to continue with negotiations. A competent court may extend the period, but it may not be extended for a period longer than 18 months. Alon Skuy, Gallo Images, Sunday Times. Chairperson of the ad hoc committee Mathole Motshekga said the issue of the expropriation of land without compensation was not a black or white issue, but a South African issue. 3 February 2020. On 13 December 2019, the Constitution Eighteenth Amendment Bill (the Amendment Bill) was published in the Government Gazette. Every law firm talks about service and excellence. Public Works and Infrastructure Minister Patricia de Lille says the proposed Expropriation Bill will carry certainty to residents and buyers. The current Expropriation Act was promulgated in 1975. The Expropriation Bill seeks to amend the Constitution of South Africa in respect of the compensation payable to the owner of the property or the holder of unregistered rights, in that, in certain circumstance compensation will not be payable. Many South Africans, including agricultural organisations, have spoken out against the expropriation of land without compensation. Expropriation without compensation bill to be finalised before the end of March Ad hoc committee agrees to meet at least twice a week to wrap up the proposed amendments to the constitution National In terms of section 25 of the Constitution of South Africa (108 of 1996), no person may be deprived of their property except in terms of the law of general application and no law may permit the arbitrary deprivation of property. The latest Expropriation Bill was introduced to Parliament on the 12th of October 2020. The Expropriation Bill seeks to amend the current Act. The Bill, other than the current Expropriation Act, does not place an obligation on an expropriating authority to pay compensation to the owner or holder, and sets out the circumstances in which it may be “just and equitable for nil compensation to be paid where land is expropriated in the public interest”. The Bill can be interpreted to set out two phases for expropriation: the pre-expropriation phase and the expropriation phase. The Bill … The last version of the Expropriation Bill was rejected by the National … For many whose homes are where their hearts are, the Draft Expropriation Bill, 2019, which seeks to legalise land expropriation without compensation, is proving to be of great concern, especially after it was released for comment on 21 December 2019. Since then, a lot of water has passed under the bridge with regards to an amendment to the laws of the Republic of South Africa dealing with the expropriation of land without compensation. © 2021 Independent Online and affiliated companies. The committee was now working on the Bill. Since then, a lot of water has passed under the bridge with regards to an amendment to the laws of the Republic of South Africa dealing with the expropriation of land without compensation. The outcome of this process must meet the aspirations of South Africans as a whole,” said Motshekga. Property may only be expropriated in terms of the law of general application, when it is expropriated for public purpose or public interest and subject to compensation, where the amount, manner and time of payment have been agreed to by the parties affected or as decided or approved by court. It will for the first time allow the expropriation of property without compensation. © 2019 Honey Attorneys | Website Development by, https://dearsouthafrica.co.za/expropriation-bill2/, Business Rescue, Insolvencies and Liquidations. The draft Expropriation Bill was first introduced in the National Assembly in 13 February 2015 and it has been developed over a period of time and has been subject to a number of amendments. Land expropriation: ‘Nil compensation not necessarily prescribed’ De Lille outlined the land expropriation bill that was gazetted on Friday, … Once the owner of the property or the holder of the unregistered right receives the notice of intention to expropriate, he/or she must respond within 30 days, setting out the amount claimed and whether there is any other restriction on the property. The Expropriation Act (Act 63 of 1975) has been amended several times, including the Abolition of Racially Based Land Measures Act (Act 108 of 1991) and the Expropriation Amendment Act (Act 45 of 1992). Members of parliament met last week to discuss the long-awaited draft bill on land expropriation without compensation. The Expropriation Bill sets out what exactly is meant by “public purpose” and “public interest”. Is The ANC Being Sneaky With Latest Land Expropriation Bill Draft? Land rights: Expropriation Bill – Expropriation without compensation. The expropriating authority must respond to same within 20 days, informing the owner or holder whether the amount is accepted or not and, if not, an offer must be made. Abandoned land without compensation members of Parliament met last week to discuss the draft... Feel free to contact us by clicking HERE organisations, have spoken against. 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