The ANC’s attempts to allow for expropriation without compensation by changing the Constitution were thwarted in parliament last year. However, the ANC maintains that it will make expropriation without compensation (which is nothing more than state theft of property) a reality despite this setback. The fight for private property in South Africa is therefore not yet over.
One of the alternative ways that the ANC wants to employ to allow it to expropriate property without compensation is through the Expropriation Bill B 23-2020, which was published in the Government Gazette in October 2020. Since then, it has become part of the parliamentary process. According to the Bill, expropriation is defined as the “compulsory acquisition of property by an expropriating authority”, which means that any state organ or department may expropriate private property. The Bill enables the expropriation of any property, and it is therefore not limited to land, but also includes all movable property (for example your possessions) as well as non-movable property (for example your building, house and infrastructure). This Bill does not flow from the process to amend article 25 of the Constitution to enable expropriation without compensation; it is an attempt to pave a new way for government to expropriate private property within the current framework of article 25 of the Constitution.
AfriForum submitted written commentary against the Expropriation Bill to the portfolio committee for public works and infrastructure in 2021, as well as a verbal presentation against it.
The portfolio committee will vote on the Expropriation Bill on 14 September 2022. Assert yourself against this Bill together with AfriForum because it endangers private property rights. Please complete the form so that AfriForum can send a letter to the portfolio committee on your behalf.