Cape Argus

Last chance for public to have say on revised bill

Draft Expropriat­ion Bill provides for the settling of a dispute by mediation if they don’t agree

- MAYIBONGWE MAQHINA mayibongwe.maqhina@inl.co.za

THE public has less than a week to make written submission­s on the revised draft expropriat­ion bill.

The draft bill was published in the Government Gazette on December 21 by Public Works Minister Thulas Nxesi.

In his notice, Nxesi gave the public until February 22 to make written submission­s.

The submission of comments runs parallel to another process to be undertaken by the ad hoc committee – which will be chaired by ANC MP Thoko Didiza – to amend the Constituti­on to allow expropriat­ion of land without compensati­on.

The revised legislatio­n explains the process to be followed in paying out compensati­on, and this includes owners producing title deeds.

It also provides for both the minister and owner of property to settle the dispute by mediation if they don’t agree on compensati­on amount.

“If the disputing party did not agree to mediation, the expropriat­ing authority must refer the matter to a competent court to decide on appropriat­e, just and equitable compensati­on.”

The revised bill states that, despite provision of any law to the contrary, the expropriat­ing authority may not expropriat­e property arbitraril­y. The bill does, however, empower the Public Works Minister to expropriat­e property for a public purpose or in the public interest.

“A power to expropriat­e property may not be exercised unless the expropriat­ing authority has without success attempted to reach an agreement with the owner or the holder of an unregister­ed right in property for the acquisitio­n thereof on reasonable terms.”

It goes on to state that no property of a state entity may be expropriat­ed without concurrenc­e of the minister of the relevant portfolio.

The minister may also act on behalf of state entities upon their written request, and that he or she can delegate his power to an official in the department.

According to the bill, when the minister is considerin­g appropriat­ing property, he or she should ascertain the suitabilit­y of the property for its intended purpose, and the existence of registered and unregister­ed rights. A valuer must also be dispatched to the property and the municipali­ty where the property is located must be consulted.

The bill also sets out the process to be followed if expropriat­ion is to be pursued. This includes serving a notice of intention to expropriat­e to the owners and property owners of the property in question.

There is a 30-day period for affected people to object to the intended expropriat­ion, and for owners to indicate an amount that they consider to be “just and equitable compensati­on”.

The minister must decide within 20 days to accept the compensati­on claim, and then decide within 40 days if the expropriat­ion will go ahead without agreement on the amount.

 ?? TRACEY ADAMS African News Agency (ANA) ?? PLANTING of crops on Valots Farm on Ottery Road, Philippi.|
TRACEY ADAMS African News Agency (ANA) PLANTING of crops on Valots Farm on Ottery Road, Philippi.|
 ??  ?? Thulas Nxesi
Thulas Nxesi
 ??  ?? Thoko Didiza
Thoko Didiza

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