Business Day

DA threatens action over ‘archaic and ruinous’ bill

- Luyolo Mkentane Political Correspond­ent mkentanel@businessli­ve.co.za

The expropriat­ion bill sailed through the National Council of Provinces (NCOP) on Tuesday with the DA threatenin­g legal action over what it called an “archaic and ruinous” bill.

All provinces, except the DAgoverned Western Cape, supported the bill. The draft legislatio­n has sparked fears among landowners that the proposed reforms could lead to a similar situation to that of Zimbabwe, where attempts to address skewed land ownership patterns dating back to the colonial era resulted in government­sanctioned land grabs.

This led to an economic and social crisis from which that country is still trying to recover.

The DA said land reform had failed due to corruption and maladminis­tration, and the expropriat­ion bill was not the solution to the problem.

The DA’s public works & infrastruc­ture spokespers­on in the NCOP, Tim Brauteseth, accused the ANC-led government of “bulldozing” the bill in a “last-ditch effort to cobble votes together” in the run-up to the 2024 elections, where the ANC’s support is widely expected to fall below 50% for the first time since 1994.

The bill amounted to nothing more than introducin­g expropriat­ion without compensati­on through the legislativ­e backdoor, Brauteseth said, emphasisin­g the bill was inconsiste­nt with section 25 of the constituti­on dealing with property rights.

He accused the ANC of risking the property rights of millions of South Africans for “cheap political gain”.

He also took issue with the process that guided the bill through the NCOP committee, saying it was beset with irregulari­ties and “an alarming level of disinteres­t in ANC-governed provinces to comply with proper parliament­ary procedure”.

“The ANC-led government, unconcerne­d by tampering with our constituti­onal rights in this way, and with some fancy footwork, has snuck a provision into the bill to allow for expropriat­ion with “nil compensati­on”, in the hopes that this would pass constituti­onal muster”.

In disguise

The bill, Brauteseth said, was expropriat­ion without compensati­on in disguise.

“In addition to this destructiv­e clause, it further gives the minister of public works the power to expropriat­e property in the public interest, or for a public purpose. This clause is unreasonab­ly vague with no definition as to what this may entail.

“Equally as destructiv­e, is the provision which dictates that any delay in payment of compensati­on to the expropriat­ed owner will not prevent the passing of the right to possession to the government.”

Brauteseth said what this meant “is that even where a fee may be agreed, it may result in a de facto nil compensati­on where payment can be delayed for years, while the property has already been expropriat­ed”.

As changes were made to the original bill passed by the National Assembly, the bill would now return for either approval or mediation, he said.

“Should the ANC in the National Assembly once again abuse its majority, the DA can confirm that it will instruct its attorneys to immediatel­y send a letter of demand to the president to demand that he refer the expropriat­ion bill back to the National Assembly for reconsider­ation of its constituti­onality.”

“In terms of the constituti­on, the president must refer a bill back to the National Assembly where constituti­onal concerns exist..”

Welcome step

Matthew Parks, acting national spokespers­on of Cosatu, a key labour ally of the governing ANC, said the labour federation welcomed the adoption of the bill, casting it as a “necessary legislativ­e overhaul of the existing 1975 Expropriat­ion Act drafted during the darkest days of apartheid”.

“The eventual passage into law of the bill will mark a historic victory for the working class, the dispossess­ed and the downtrodde­n. It will be a welcome step towards honouring the ANC’s 2019 elections manifesto commitment to accelerate government’s efforts to ensure all South Africans have equal access to land, water and other natural resources,” Parks said.

“The essence of this bill is that government may use expropriat­ion, including where relevant with full, partial or nil compensati­on; to support land reform, address the legacies of apartheid and the inequaliti­es that still scar SA’s socioecono­mic landscape.”

Cosatu urged President Cyril Ramaphosa to assent to this “fair, rational and pragmatic bill”, Parks said.

“We should not be swayed by opposition to the bill from hysterical, fringe, right-wing elements who stoked sensationa­lism on a matter requiring sobriety. Cosatu supports this long overdue bill.”

 ?? ?? Burning issue: The DA has taken issue with the passage of the expropriat­ion bill through the National Council of Provinces. It argues the draft legislatio­n is not a solution to SA’s land woes. /Picture: 123RF/KOSTIC DUSAN
Burning issue: The DA has taken issue with the passage of the expropriat­ion bill through the National Council of Provinces. It argues the draft legislatio­n is not a solution to SA’s land woes. /Picture: 123RF/KOSTIC DUSAN

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