A word about the ongoing worries about the expropriation act in South Africa

Tuesday, 4 February, 2025
Wandile Sihlobo
We shouldn't be worried about it, but stay vigilant.

I am on the mini roadshow, seeing some of the Agricultural Business Chamber of South Africa (Agbiz) members in central regions of the country. During the long drives, I have listened to many talk radio shows.

As it happens when one crosses from one region to another, the radio stations tend to change in frequency, and I have found myself tuning into various radio stations. The one theme I have heard consistently across most stations is the commentary about the "Expropriation Act" South African President Cyril Ramaphosa recently assented to law.

The commentary is interesting. However, I think some confusion is emerging, where some view this Act as for a new direction for land reform. This is not the case – land reform policy in South Africa hasn't changed and is still under the three pillars of (1) restitution, (2) redistribution, and (3) tenure.

The government is still buying land from the open market for land reform processes, amongst other things. This is unlikely to change as expropriation is no ‘shortcut’; it is a long and cumbersome process, and the law provides a safeguard that it may only be used where attempts to purchase the property on reasonable grounds have failed.

The other important thing to underscore is that South Africa is not unique in having an Expropriation Act; most countries have one. Notably, the Expropriation Act per se is not new; we see an update from the 1975 existing piece of legislation here.

So, what is the Expropriation Act about if that is the case?

Drawing on my work with my colleague at Agbiz, Annelize Crosby, let me state that the first thing to highlight is that the Expropriation Act's provisions are subject to the provisions of section 25 of the Constitution of the Republic of South Africa, which has not been amended. This section requires that compensation be just and equitable, striking an equitable balance between the public interest and the rights of those affected with regard to all relevant circumstances.

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