The National Assembly last night adopted the Expropriation Bill which replaces an apartheid-era law to allow for zero compensation to be paid for property when expropriated under certain circumstances.

The adoption of the Bill coincides with another crucial land-related draft law – the Land Court Bill that establishes a specialist court equivalent to a High Court to assist in the speedy adjudication of all land-related matters. 

Yesterday’s breakthrough marks the third attempt since 2008 to replace the existing legislation.

The current legislative draft, tabled two years ago, allows expropriation only for ‘public purpose’ and in the ‘public interest’, as stipulated in section 25 of the Constitution (dubbed the property clause). However, alongside ‘just and equitable compensation’, it now may be possible for ‘nil compensation’ to be considered in specified instances, such as abandoned land, state land, or land held for speculative purposes.

The DA, EFF, IFP, FF Plus and ACDP objected to the passing of the Bill.

A report in Die Burger notes that the only outstanding procedures are now concurrence by the NCOP and the President’s signature.

Full report in Die Burger (subscription needed)

The expropriation of property with nil compensation ‘is not a silver bullet,’ said Public Works Minister Patricia de Lille who opened the debate. She noted that the law now brought certainty for all and ‘expropriation is only one acquisition mechanism that in appropriate cases, for public interest, will enable land reform and redress…’

The Daily Maverick reports that National Assembly Public Works Committee chairperson, ANC MP Nolitha Ntobongwana, concurred, saying this was ‘a progressive Bill’, not only because it brought the legislation in line with the Constitution, but also because it set out the framework to redress forced land dispossession.

‘This Bill will allow government to address the land question and bring dignity to our people,’ said Ntobongwana.

However, there was plenty of push-back.

DA MP Samantha Graham-Maré said it was ‘a lie’ that the draft law would facilitate land reform.

‘The Expropriation Bill before us … is not a tool for land reform, but rather a mechanism for punishing private property owners using arbitrary criteria that are (neither) easily measurable nor address historical spatial disadvantage.’

The DM notes that the EFF criticised the Bill for limiting land redistribution, and leaving land mostly in current ownership hands, unless the state was prepared to pay market-related prices.

‘Do natives want land that is not used for productive purposes? Do they want state-owned land? Why is the ANC playing with people’s emotions?’ asked EFF MP Mathapelo Siwisa.

IFP MP Sanele Zondo said the party also rejected the Bill, because of bad legal drafting and because it was ‘the ANC covering up its ineffective land reform’.

Full Daily Maverick report