Examining the Agricultural Interest of the New Expropriation Act

The CDH experts explain that the new Expropriation Act is set to replace the 1975 legislation, outlining the balance the Act seeks to achieve between (i) the right to property, and not to have that property arbitrarily expropriated; and (ii) expropriation for public interest and/o public purpose.

Belinda, Bridget, and Claudia highlight that the Act defines the powers of the “expropriating authority,” referring to an organ of state or any person authorised under this Act or other legislation to expropriate property. An example of such an authority is the Minister of Public Works and Infrastructure.

A central point of debate, the experts say that the controversial provision grants the expropriating authority the express power to offer nil compensation for the expropriation of land, specifically immovable property, when it is justified by public interest considerations. This provision is subject to various considerations, including those listed in Section 12(3) of the Act.

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