ATC240326: Report of the Portfolio Committee on Public Works and Infrastructure on the Expropriation Bill [B 23D – 2020], dated 26 March 2024
Public Works and Infrastructure
Report of the Portfolio Committee on Public Works and Infrastructure on the Expropriation Bill [B 23D – 2020], dated 26 March 2024.
1. Introduction
The Portfolio Committee on Public Works and Infrastructure, having considered the subject of the Expropriation Bill [B23D – 2020] (National Assembly – section 76), referred to it and classified by the Joint Tagging Mechanism (JTM) as a section 76 Bill, and having read and discussed the amendments made in the public participation process in the provinces by the NCOP, reports as follows:
2. Amendments made to the Expropriation Bill [B23-2020]
The Committee engaged with the amendments made by the National Council of Provinces. The purpose was, - as guided by Assembly Rule 311(2), - to ensure that the amendments did not render the Bill before it unconstitutional or procedurally flawed. The Parliamentary Legal Advisor recorded that the amendments did not render the Bill unconstitutional or procedurally flawed.
The State Law Advisor took the Committee through each amendment after which each political party’s representative voted on the amendment.
The ruling party, the African National Congress (ANC), voted in favour of all amendments that the Council made to the Bill. The opposition parties registered their objections to every amendment. These are the Democratic Alliance (DA), the Economic Freedom Fighters (EFF), and African Christin Democratic Party (ACDP). The Inkatha Freedom Party (IFP) Member did not attend the meeting. The Freedom Front Plus (FF+) Member that attended was neither a permanent nor alternate member of the Committee and did not have voting rights in the meeting.
The majority of the Committee was convinced that the amended Bill puts in place uniform administrative procedures that are compliant with the constitutionally protected rights of owners and holders of rights. Throughout this legislative process, this Committee, and that of its sister committee in the NCOP, a concerted effort was made to ensure that the objects of this Bill as a general law of application, was constitutional and implementable. The amendments that the NCOP made, are acceptable as they ensure that once enacted, the Bill does not enable possible efforts to abuse the Constitution, the rights of affected persons, and rights holders.
As this amended Bill strengthens and assists the expropriation of property and land for public purpose or in the public interest that includes the broad effort of transformation of society and land reform, this Committee herewith reports its work on the Expropriation Bill to the National Assembly.
3. Record of Political Party Objections
The following parties recorded that they did not support the Bill and/or objected to the amended Bill:
- Democratic Alliance (DA); African Christian Democratic Party (ACDP); Economic Freedom Fighters (EFF). This constituted four (4) out of eleven (11) Members of the Committee.
The following parties recorded that they object to the report of the Committee that would be tabled in the National Assembly:
- Democratic Alliance (DA); African Christian Democratic Party (ACDP); Economic Freedom Fighters (EFF). This constituted four (4) out of eleven (11) Members of the Committee.
4. Recommendation
In line with Assembly Rule 312, the Committee herewith attaches the Council’s amended Bill and recommends that the National Assembly notes that the Committee agrees to the amendments proposed by the Council and notes the objections as expressed by minority parties on this Bill.
Report to be considered.