"Expropriation in the public interest... provides government with a tool to achieve... land reform and reforms to bring about equitable access to all of South Africa's natural resources," according to a memorandum attached to the Bill.
This would broaden the purpose of expropriation from the currently narrow term of "public purpose".
According to the Bill, public interest "includes the nation's commitment to land reform and to reforms to bring about equitable access to South Africa's natural resources".
The Bill would provide for "just and equitable" compensation, which had to strike a balance between the public interest and the interests of the land owners. A decision on the amount would take into consideration the property's current use, market value, the history of
its acquisition and purpose of the expropriation.
If agreement on compensation was not reached, an "expropriation authority" could make a determination. This could be appealed in court.
The authority would also have the ability to depart from prescribed expropriation procedures, where this was reasonable and justifiable.
Under normal circumstances the authority would first hear objections and representations before a decision to expropriate was taken.
The draft is the result of changes to the Expropriation Act of 1975. This brought it in line with provisions in the Constitution dealing with equality, property rights, access to information and lawful, reasonable and fair administrative decision-making.
The Bill would be discussed by a Parliamentary committee before going to the National Council of Provinces for debate.
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