ATC240313: Report of the Select Committee on Transport, Public Service and Administration, Public Works and Infrastructure on the Expropriation Bill [B23B – 2020] (National Assembly – Sec 76), dated 13 March 2024

NCOP Transport, Public Service and Administration, Public Works and Infrastructure

Report of the Select Committee on Transport, Public Service and Administration, Public Works and Infrastructure on the Expropriation Bill [B23B – 2020] (National Assembly – Sec 76), dated 13 March 2024.

1. Introduction

1.1. The objects of the Expropriation Bill [B23B – 2020] (National Assembly – Sec 76) (“the Bill”) are to provide for the expropriation of property for a public purpose or in the public interest; to regulate the procedure for the expropriation of property for a public purpose or in the public interest, including payment of compensation; to identify certain instances where the provision of nil compensation may be just and equitable for expropriation in the public interest; to repeal the Expropriation Act, 1975 (Act No. 63 of 1975); and to provide for matters connected therewith.

1.2. The Bill was passed by the National Assembly, transmitted to the Nation Council of Provinces for concurrence and referred to the Select Committee on Transport, Public Service and Administration, Public Works and Infrastructure (“the Select Committee”) on 28 September 2022.

2. Select Committee Process Followed in Respect of the Bill

2.1. On 5 February 2023 an advert was placed in National Media calling for written submissions on the Bill, with a deadline of 6 March 2023 for the receipt of submissions.

2.2. At the request of the Select Committee, a team from the University of Cape Town Law Faculty, led by
Prof. Hanri Mostert, prepared and conducted a workshop on Concepts Related to Expropriation with the Select Committee on 22 February 2023. On the same day, Counsel to the Department of Public Works and Infrastructure, Adv. Uday Naidoo, briefed the Select Committee on the Bill.

2.3. The Select Committee heard oral submissions on the Bill on 27 September 2023 and 11 October 2023. Counsel to the Department of Public Works and Infrastructure, Adv. Uday Naidoo, on 25 October 2023 briefed the Select Committee on the Department’s response to written and oral submissions received on the Bill.

2.4. On 24 November 2023, the Select Committee considered the Negotiating Mandates on the Bill as received from Provinces as follows:

Province	Mandate Vote
Eastern Cape	The Province votes in favour of the Bill, with the proposed amendments and therefore mandates the Permanent Delegate to the NCOP to negotiate in favour of the Bill within parameters identified.
Free State	The Portfolio Committee on Public Works, Infrastructure, Roads, Transport, and Human Settlements as designated by the Free State Legislature proposes amendments to the Bill and votes in favour of the Bill.
Gauteng	The Gauteng Provincial Legislature votes in favour of the subject to amendments being considered.
KwaZulu – Natal	The Portfolio Committee on Public Works agreed to mandate the KwaZulu - Natal delegation to support the Expropriation Bill [B23B-2020] with the consideration of proposed amendments.
Limpopo	NCOP Permanent Delegates to negotiate in favour of the Bill with the proposed recommendations.
Mpumalanga	The Portfolio Committee on Public Works, Roads and Transport, Community Safety, Security and Liaison after considering the Expropriation Bill [B23B-2020], confers on the permanent delegate representing Mpumalanga Province in the NCOP, a mandate to negotiate in favour of the Bill without any proposed amendments.
Northern Cape	The Committee support the Expropriation Bill [B23B – 2020].
North West	The North West Provincial Legislature Vote in favour of the Bill.
Western Cape	The Standing Committee on Infrastructure, having considered the subject of the Expropriation Bill [B23B-2020] (NCOP) referred to the Committee in accordance with Standing Rule 217, confers on the Western Cape’s delegation in the NCOP the authority to not support the Bill, with recommendations.

2.5. The Select Committee considered the C – List of agreed amendments to the Bill on 6 December 2023 and 7 February 2024.

2.6. Eight provinces submitted Final Mandates on the Bill which were considered on 13 March 2024. The Final Mandates were submitted as follows:

Province	Mandate Vote
Eastern Cape	The Province votes in favour of the Bill and mandates the Eastern Cape Permanent Delegate to the NCOP to vote in favour of this Bill.
Free State	The Free State Legislature votes in favour of the Bill.
Gauteng	The Gauteng Provincial Legislature supports the principle and detail of the bill and therefore votes in favour of the Expropriation Bill.
KwaZulu – Natal	The KwaZulu – Natal Legislature agreed to mandate the KwaZulu – Natal delegation to the National Council of Provinces to support the Expropriation Bill [B23D – 2020].
Limpopo	The Province votes in favour of the Bill.
Mpumalanga	The delegation representing the province of Mpumalanga in the National Council of Provinces is hereby conferred with a mandate to vote in favour of the Bill.
Northern Cape	The Legislature supports the Expropriation Bill [ B23D – 2020].
North West	Mandate yet to be submitted.
Western Cape	The Standing Committee on Infrastructure, having considered the subject of the Expropriation Bill [B23D – 2020] (NCOP), referred to the Committee in terms of Standing Rule 217, recommends that the House confers on the Western Cape’s delegation in the NCOP the authority to not support the Bill.

2.7. The Select Committee agreed to make provision for the North West Final Mandate on the Bill to be included in the Report should such a Final Mandate be submitted before the Report is adopted in the House.

3. Outcome of Select Committee’s Consideration of the Bill

The Select Committee on Transport, Public Service and Administration, Public Works and Infrastructure having deliberated on and considered the subject of the Expropriation Bill [B23B – 2020] (National Assembly – Sec 76) (“the Bill”), referred to it and classified by the JTM as a section 76 Bill, reports that it has agreed to an amended Bill [B23D – 2020].

Two members from the Democratic Alliance submitted a minority view not to support the Report.

Report to be considered.

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