President Cyril Ramaphosa has signed the controversial Expropriation Bill into law today. According to his office, the bill, which has undergone a five-year process of public consultation and parliamentary deliberation, aligns legislation on expropriation with the Constitution.
“Section 25 of the Constitution recognises expropriation as an essential mechanism for the state to acquire someone’s property for a public purpose or in the public interest, subject to just and equitable compensation being paid.
“The bill assented to by President Ramaphosa outlines how expropriation can be done and on what basis. This law will assist all organs of State – local, provincial and national authorities – to expropriate land in the public interest for varied reasons,” the presidency said in a statement.
Land bill now a law
The signing of the Expropriation Bill comes hot on the heels of the controversial Bela Act in the education sector, which some in the government of national unity were against.
“Local, provincial and national authorities will use this legislation to expropriate land in the public interest for varied reasons that seek, among others, to promote inclusivity and access to natural resources.
“In terms of this law, an expropriating authority may not expropriate property arbitrarily or for a purpose other than a public purpose or in the public interest,” the statement explained.
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According to the statement, expropriation may not be exercised unless the expropriating authority has without success attempted to reach an agreement with the owner or holder of a right in property for the acquisition thereof on reasonable terms.
“The law provides for disputes to be referred for mediation or to appropriate courts. An expropriating authority must also attempt to reach an agreement on the acquisition of the property before resorting to expropriation – except in circumstances where the right to use property temporarily is taken on an urgent basis in terms of a provision in the legislation,” the statement said.
‘A threat to farmers’
Meanwhile, Transvaal Agricultural Union (TLU) general manager Bennie van Zyl said the bill is unacceptable and that signing the bill is not the right way to build the country.
“This decision signals a serious attack on the foundation of property rights, threatening not only farmers but all South Africans. The government presents this law as an instrument for transformation and public interest, but the reality is that it will have far-reaching negative consequences for food security, investor confidence, and economic stability.
“While most South Africans struggle to revive the country’s economy, the government remains trapped in a victory of ideology over economic realities,” he said.
Van Zyl said it is disheartening that the government thinks it will attract international and local investment after signing the law.
“The South African farming community already faces overwhelming challenges, such as high costs, unstable markets, and increasing rural crime. Now they face additional pressure from the possibility of land expropriation, which threatens not only their financial security but also their ability to ensure food security for the country.
“If the land on which we grow food is expropriated without the necessary capacity to manage it productively, millions of South Africans will bear the consequences through rising food prices and potential food shortages,” he said.
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