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The National Assembly has passed the Expropriation Bill and should the President assent to it, South Africa will have a new Expropriation Act.

The new Expropriation Act has been a long time coming, the quest having begun in 2008, with the previous versions lapsing in Parliament over concerns with their constitutionality. In many respects, this version is perhaps the best thus far. That is not to suggest that the new Expropriation Bill is without fault.

To begin with, at provincial level, there were allegations of insufficient public participation in the legislative process. Various media reports revealed how, for example, in the Eastern Cape, the public was only made aware of the scheduled public hearings three days before they began. The Free State reportedly saw last minute venue changes, different from those initially advertised, which created confusion. It is doubtful whether the provinces managed to solicit a sufficient degree of public participation, which therefore casts doubt over the legitimacy of the National Council of Province’s final mandate.

Issued by Centre for Constitutional Rights