The FW de Klerk Foundation has urged President Cyril Ramaphosa to exercise the powers the Constitution has given him to send the Expropriation Bill back to Parliament for reconsideration, to avoid “plunging into the abyss of economic and constitutional uncertainty”.

Last month the Bill was passed and send to Ramaphosa to sign into law.

Foundation legal officer Ismail Joosub explained that the absence of clear definitions in the Expropriation Bill was alarming, saying this ambiguity created by the Bill was fertile ground for “abuse”, despite assurances that it would be used judiciously.

He noted that the Bill granted sweeping powers to the State to expropriate property without compensation, without adequate checks and balances, which he said paved the way for “abuse and exploitation”, also undermining property rights and eroding trust in the rule of law.

“Property is not limited to only land. This means that all property, from ideas to clothes, cars and houses, fall within the ambit of this Bill and could be [taken] without compensation,” he said.

The Foundation’s Constitutional Programmes manager, Daniela Ellerbeck, explained that the definitions of ‘public interest’ and ‘public purpose’ were very wide and did not require that the property be expropriated to meet a public need as required by international covenants that South Africa is signatory to.

The Banking Association of South Africa (Basa) has urged that the definition of property that can be expropriated be limited to tangible property.

“Intellectual property must be protected,” said Basa, adding that vague property, public interest and public purpose definitions create policy uncertainty.

Meanwhile, the Democratic Alliance has also instructed its lawyers to begin working on a letter of demand to the President asking him to refer the Bill back to the National Assembly for consideration of its constitutionality.

Th party is of the view that the Bill is unconstitutional, poses a direct threat to the Bill of Rights and will not pass constitutional muster in a court of law.