Opportunity to comment on land bill

Public Works Minister Thulas Nxesi published draft legislation in Government Gazette on December 21

PUBLIC Works Minister Thulas Nxesi has given the public an opportunity to make written submissions on the revised land expropriation bill.

The draft bill was approved by the Cabinet on December 5 and was published in the Government Gazette on December 21.

In a notice with the published bill, Nxesi said he had obtained Cabinet approval to publish the draft bill for broader public comment.

“Interested persons may submit written submissions on the draft expropriation bill... not later than 60 days from the date of publication of this notice,” he said. The revised bill comes against the backdrop of the National Assembly agreeing to establish an ad hoc committee to initiate and introduce new legislation before the term of Parliament comes to an end. The legislation in question seeks to amend section 25 of the Constitution to allow for the expropriation of land without compensation.

The ad hoc committee, comprising MPs from various parties, is expected to report back to the National Assembly by March 31.

The expropriation amendment bill passed in 2016, which provides for just and equitable compensation to people and communities dispossessed of their land in the apartheid era, was withdrawn last year for further consideration. Then, the Constitutional Review Committee was tasked to gauge whether it would be viable to alter the Constitution to allow for land to be expropriated without compensation.

The revised bill states that despite any law, the expropriating authority may not expropriate property arbitrarily, or for a purpose other than 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 states.

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

If enacted the bill, among other things, would empower the Public Works minister to expropriate property for a public purpose or in the public interest.

The minister would also act on behalf of the state upon receiving a written request, and could delegate power to an official in a department.

The bill also highlights that when the minister considers appropriating property, he or she should ascertain the suitability of the property for its intended purpose, and the existence of registered and unregistered rights.

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.

There is a 30-day period for affected persons to object to the intended expropriation, and owners to indicate a claim amount that is “just and equitable compensation”.

The minister must decide within 20 days if he or she accepts the compensation claim and thereafter decide within 40 days if the expropriation goes ahead.

‘A power to expropriate may not be exercised unless the... authority has without success attempted to reach an agreement with the owner .... ’