The Expropriation Bill has been passed -but concerns remain
30 May 2016
The National Assembly has passed the Expropriation Bill and should the President assent to it, South Africa will have a newExpropriation Act.
The new Expropriation Act has been a long time coming, the quest having begun in 2008, with the previous versions lapsing in Parliament over concerns with their constitutionality. In many respects, this version is perhaps the best thus far. That is not to suggest that the newExpropriation Bill is without fault.
To begin with, at provincial level, there were allegations of insufficient public participation in the legislative process. Various media reports revealed how, for example, in the Eastern Cape, the public was only made aware of the scheduled public hearings three days before they began. The Free State reportedly saw last minute venue changes, different from those initially advertised, which created confusion. It is doubtful whether the provinces managed to solicit a sufficient degree of public participation, which therefore casts doubt over the legitimacy of the National Council of Province’s final mandate.
The courts have made it abundantly clear that the legislature has a duty to involve the public in the legislative process. The Constitutional Court, in the seminal case Doctors for Life International v The Speaker of the National Assembly and Others, makes it clear that good laws are made, and citizenship is enhanced, when legislators are required to invite and attend to public input. The same case made it clear that Parliament would have failed its constitutional duty if either the National Assembly or the National Council of Provinces (NCOP) did not adequately facilitate public participation.