Expropriation Bill [B4-2015]

Call for comments opened 20 April 2015 Share this page:

Submissions are now closed (since 06 May 2015)

Public Works and Infrastructure

The Portfolio Committee on Public Works invites you to submit written comments on the Expropriation Bill.

The Bill seeks to align the Expropriation Act of 1975, with the Constitution (1996) so as to :
â–ªprovide a common unified framework to guide the processes and procedures for the expropriation of property by all expropriation authorities and organs of state;
â–ªprovide for the expropriation of property for a public purpose or in the public interest, subject to just and equitable compensation that reflects an equitable balance between the public interest and the interests of those affected, with due respect for the rights of everyone, the rights to equality, and to administrative action that is lawful, reasonable and procedurally fair.

Public hearings will be conducted at Parliament on Tuesday, 19 and 26 May 2015.

Please note submissions and requests to make oral presentation must be received by no later than 12:00 on Wednesday, 06 May 2015.

Comments can be emailed to Ms Akhona Busakwe at abusakwe@parliament.gov.za by no later than 12:00 on Wednesday, 06 May 2015.

Enquiries can be directed to Ms Akhona Busakwe tel. 021 403 3859 or cell: 083 709

Issued by MP Martins Mr BAD, Chairperson: Portfolio Committee on Public Works.

Background
The Constitution of the Republic of South Africa, 1996, recognises expropriation as an essential mechanism for the State to acquire another’s property for a public purpose or in the public interest, subject to just and equitable compensation being paid. The Expropriation Act, 1975 (Act No. 63 of 1975), predates the expropriation mechanism provided for in section 25(2) of the Constitution. The Constitution is the supreme law of the Republic, legislation or conduct inconsistent with it is invalid, and the obligations it imposes must be fulfilled. The peremptory terms of section 2 of the Constitution strengthens the case for the redrafting of the Expropriation Act, 1975, in order to ensure consistency with the spirit and provisions of the Constitution. The provisions of the Constitution alluded to are: The right to equality (section 9), property rights (section 25), access to information (section 32), and lawful, reasonable and procedurally fair administrative decision making (section 33). Given the array of authorities within all spheres of government which have the power to expropriate property through various pieces of legislation, there is a need to ensure uniformity in the way organs of state undertake expropriation. The Expropriation Bill seeks to ensure consistency with the Constitution and uniformity of procedure of all expropriations without interfering with the powers of expropriating authorities.