Expropriation Bill set to face constitutional challenge
The Expropriation Bill is set to be challenged in the Constitutional Court if it is passed in its current form and signed into law.
As previously reported, the National Assembly on Wednesday adopted the Bill which replaces an apartheid-era law to allow for zero compensation to be paid for property when expropriated under certain circumstances.
Agri SA executive director Christo van der Rheede and DA Shadow Minister of Public Works & Infrastructure Samantha Graham-Maré yesterday confirmed that they intend to challenge the constitutionality of the Bill if it is passed by the NCOP in its current form and assented to by the President.
However, Graham-Maré expressed the hope that this will not be necessary and the DA will be able to bring enough pressure to bear to amend the Bill before it is enacted.
Moneyweb reports that Van der Rheede said the National Assembly did not use the debate on the Bill to engage with the serious flaws which remain in it and ‘missed this opportunity to mitigate its likely harm to the agricultural sector and wider economy should the Bill in its current form be adopted’.
He said examples from similar land policies implemented in countries like Zimbabwe and Venezuela illustrate the potentially disastrous impact these policies can have on agriculture, the broader economy and society.
Graham-Maré said the Bill seeks to undermine private property rights in favour of state ownership by sneaking expropriation without compensation through the back door inside of ordinary legislation.
The DA therefore believes the Bill is unconstitutional and violates section 25 of the Constitution, she said.
Article disclaimer: While we have made every effort to ensure the accuracy of this article, it is not intended to provide final legal advice as facts and situations will differ from case to case, and therefore specific legal advice should be sought with a lawyer.
