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The Expropriation Act, 2024’s “Nil Compensation” – A History

Daniela Ellerbeck explores the Expropriation Act in a series of articles. This first article outlines the history of the Act.

The post THE EXPROPRIATION ACT, 2024’S “NIL COMPENSATION” – A HISTORY appeared first on FW de Klerk Foundation.

In early 2019, before its term ended on 29 March 2019, the Fifth Parliament created the Ad Hoc Committee to Amend Section 25 of the Constitution (“the Second Committee”) as the mechanism. On 13 March 2019, days before the Fifth Parliament would dissolve, the Second Committee produced a report, recommending that the Sixth Parliament deal with the matter.

After the 2019 elections, the Sixth Parliament was sworn in, in May 2019, and soon thereafter established the Ad Hoc Committee to Initiate and Introduce Legislation Amending Section 25 of the Constitution (“the Third Committee”) in July 2019. This Committee too, held public hearings. It also drafted the Constitution Eighteenth Amendment Bill (B18-2021) and introduced this Bill in Parliament on 8 September 2021. The Bill aimed to change the Constitution to explicitly state that where land is expropriated for land reform purposes, the amount of compensation may be nil (clause 1 of the Bill).

However, the Sixth Parliament rejected the Second Reading of the Bill thereby causing the Bill to lapse and, therefore, effectively rejecting it, on 7 December 2021. The Constitution, therefore, still requires just and equitable compensation.

Origins of the Expropriation Act, 2024:

In October 2020, while the Third Committee was busy with its work trying to change the Constitution, the Minister of Public Works and Infrastructure introduced the Expropriation Bill (B23-2020). This Bill provided that “[i]t may be just and equitable for nil compensation to be paid where land is expropriated in the public interest” (clause 12(3) of the Bill).

This Bill made its way through Parliament’s two houses, undergoing public hearings (in 2021 and 2023) and changes. On 27 March 2024, the D-version of the Bill was passed by both Parliament’s houses and sent to the President for assent. On 20 December 2024, the President signed it into law, although the Expropriation Act, 2024 is not yet in….continue reading this article HERE.

 

Malusi Gigaba: {2017 – 2018} Malusi Gigaba served as Minister of Home Affairs and was known for his efforts to modernize the department and improve service delivery. He faced challenges related to immigration policies and was involved in discussions around visa regulations.

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