Parliament passed yesterday, 26 May 2016, the Expropriation Bill; a seminal piece of legislation which seeks to accelerate the redress and restitution of land forcibly removed from South Africans over centuries of dispossession. The Bill has as its object to provide for the expropriation of land in the public interest and for public purpose, bringing to an end years of hardship when the democratic government has been unable to secure land to address South Africa’s developmental challenges. The Expropriation Bill, once signed into law, repeals the Expropriation Act of 1975 and provides legal certainty on the state to continue with the implementation of our country’s programme of radical socio-economic transformation with the resolution of the land question firmly at the centre of its agenda.
The African National Congress greatly welcomes these developments as they demonstrated government’s determination to implement the decisions of the governing party which resolved as follows in the 53rd National Conference:
On Willing Buyer Willing seller Principle
13. We affirm the following proposals:
- Replace willing buyer willing seller with the “Just and equitable” principle in the Constitution immediately where the state is acquiring land for land reform purposes.
- Expropriation without compensation on land acquired through unlawful means or used for illegal purposes having due regard to Section 25 of the Constitution.
- Expedite the promulgation of the new Expropriation Act.
The ANC remains convinced that government must be empowered to expropriate land in the public interest and in compliance with the provisions of the Constitution of the Republic to drive equitable redress. The ANC fully believes that the development of the Bill has been a thorough, rigourous and inclusive process. As it is presented to the President for assent the ANC is confident the Bill has the support of the majority of our people and will easily pass all Constitutional muster.
Issued by ANC