President Cyril Ramaphosa’s signing of the Expropriation Bill has ignited fierce political opposition.
Various parties have threatened legal action, raising concerns about its impact on land reform and property rights.
This new legislation, which emerged after a five-year process of public consultation and parliamentary deliberation, provides a redefined framework for land expropriation, emphasising on public interest and the principles of just compensation.
The Bill seeks to reshape land acquisition for public benefit by repealing the outdated Expropriation Act of 1975 that failed to reflect the democratic values of the South African Constitution.
Opposition from the DA
DA national spokesperson Willie Aucamp said the party opposes the Expropriation Bill.
“While the DA recognises that the Constitution allows for acts of redress and restitution, including land reform, we have serious reservations about the procedure as well as important substantive aspects of the Bill. We are in discussions with our legal team to formulate our case,” he said.
ActionSA’s Concerns
ActionSA Parliamentary Chief Whip Lerato Ngobeni said the party is also considering legal action in response to the president’s enactment of the Bill.
Ngobeni stated that while the Bill repeals the outdated Expropriation Act of 1975 and establishes a framework aligned with our Constitution for property expropriation by state organs, its effectiveness hinges on genuine political will.
“ActionSA believes that land reform is crucial for addressing historical injustices and must be expedited responsibly to safeguard property rights and maintain investor confidence.”
Ngobeni said the party opposes any constitutional amendments permitting expropriation without compensation and upholds the protection of private property rights as a fundamental economic tenet.
The Bill ultimately allows the government to unilaterally set the price if an agreement cannot be reached, she said.
Ngobeni said land reform is achievable within existing legislative and regulatory frameworks but necessitates dedicated political leadership committed to equitable ownership distribution.
“Properly managed, land reform is crucial to empower emerging black farmers and landowners, generate employment in the agricultural sector, and enhance food security. Regrettably, such political leadership does not exist in the current governing coalition,” she said.
EFF’s Perspective
The EFF has voiced deep concerns regarding the bill, claiming that it fails to offer any meaningful change in addressing South Africa's pressing land issue.
National EFF spokesperson Leigh-Ann Mathys stated that this legislation updates existing expropriation laws to align with the 1996 Constitution but lacks the radical transformation necessary to remedy historical injustices.
Mathys warned against the potential for a ‘creative interpretation’ of the Constitution, suggesting that those in support of the Act might assume that compensation for certain expropriation cases could be nil.
She stated that the Bill lists specific circumstances, such as land held for speculation, abandoned land, or land posing health hazards, where compensation could be either reduced or eliminated.
Despite these provisions, Mathys argued that such clauses do not amend the underlying structure and nature of landholding in South Africa.
“It would basically mean that only land that is of little value could be expropriated without compensation,” she explained, adding that owners of land classified under these categories would still benefit from constitutional protections and have the right to contest any expropriation attempts.
She stated that the Bill fails to address the entrenched land restitution crisis in South Africa and emphasised that the real solution lies in amending Section 25 of the Constitution entirely.
“A mere Act of Parliament cannot override the Constitution,” she said.
MK Party’s Rejection
The uMkhonto weSizwe Party (MK Party) rejected the Bill, stating that this legislation is nothing but a continuation of injustice and a betrayal of the people’s struggles for true land restitution.
The party’s national spokesperson, Nhlamulo Ndhlela, said the Bill, by limiting land restitution to land dispossessed after June 19, 1913, deliberately entrenches the theft of land that began with the arrival of Jan van Riebeeck on April 6, 1652.
“By excluding the pre-1913 dispossessions, this Bill ensures that the stolen land of our ancestors remains in the hands of colonial beneficiaries,” he said.
Ndhlela added that this law puts money into the pockets of land thieves by mandating compensation for land that was taken by force.
“Instead of redressing historical injustices, it protects the interests of those who continue to benefit from colonial and apartheid-era plunder,” he stated.
Concerns from the Cape Independence Advocacy Group
Executive member of the Cape Independence Advocacy Group (Ciag), Joan Swart, said the group is concerned about the signing of the Bill.
Swart stated that this legislation, which allows for the expropriation of land with nil compensation, represents a direct assault on the fundamental rights to property that are essential for a thriving, free-market economy.
“This Bill undermines the sanctity of private property, a cornerstone of economic freedom and individual liberty. By enabling the state to seize assets without just compensation, it erodes the trust investors have in South Africa’s economic stability, thereby threatening economic growth, job creation, and the prosperity of all citizens,” she said.
She said the Bill introduces uncertainty and fear among property owners, potentially leading to further capital flight and a decline in investment, which disproportionately impacts the most vulnerable in our society.
Swart noted that the distinction between this Bill and the amendment of Section 25 of the Constitution must be clearly understood by all.
“While the amendment seeks to legalise expropriation without compensation at a constitutional level, the Bill provides the procedural framework to execute this policy. Both are steps in the wrong direction for a nation aspiring towards economic freedom and prosperity,” she said.
Government’s Support
Deputy Minister of Public Works and Infrastructure Sihle Zikalala welcomed the Bill, describing it as groundbreaking.
He said the legislation affirms the role of the state in unlocking land for socio-economic development and for distributive purposes. “The legislation paves the way for expropriation in the public interest and is in full alignment with the Constitution.”
Zikalala said the legislation places the Department of Public Works and Infrastructure as the executing authority of expropriation.
He said all applications for those seeking expropriation for a public purpose and in the public interest must do so through the department.
“This is the legislation that will take South Africa in reality on the path of economic transformation and inclusive economic growth,” said Zikalala.
“We will use the newly promulgated legislation to enhance the delivery of infrastructure development programmes, industrialisation and agricultural reform that improves food security,” Zikalala added.
He noted that the unequal distribution of land would be a thing of the past. He stated that the legislation would be implemented without destabilising the economic and development prospects of the country.
Support from Cosatu
The Congress of South African Trade Unions (Cosatu) welcomed the Bill.
“The Federation supports the Expropriation Act as a necessary legislative overhaul of the existing 1975 Expropriation Act drafted during apartheid’s darkest days, and which naturally does not reflect the progressive values and transformation mandate of the democratic Constitution of 1996,” said Cosatu Parliamentary coordinator Matthew Parks.
Parks said this marks a historic victory for the working class, the dispossessed, and the downtrodden. “It is a welcome step towards honouring the African National Congress’ commitment to accelerating government’s efforts to ensure all South Africans have equal access to land, water, and other natural resources.”
He stated that the Expropriation Act will be a key tool to capacitate the government to accelerate land reform.
“The essence of this progressive Act is to empower government to 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 South Africa’s socio-economic landscape,” he said.
Parks highlighted that land ownership remains overwhelmingly skewed toward white men.
“Millions of largely African, coloured, and women South Africans remain landless. This condemns millions to living in informal areas and backyard dwellings in our cities and towns.
“It denies millions of rural residents, farmworkers, and labour tenants their rightful opportunities to till and own land and contribute towards food security and reducing unemployment,” he said.
He also noted that it importantly protects the rights of ordinary workers and South Africans from potential abuse by corrupt elements in the state.
“The Act is sober and in line with the Constitution and international norms. It provides a just and equitable balance and ensures the needs of workers and ordinary citizens are respected,” said Parks.
karen.singh@inl.co.za