EXPROPRIATION IN A TIME OF TURMOIL
The Expropriation Bill was published on 21 December 2018, with a timeframe of 60 days for public comment. Its timing - when virtually the entire country was on holiday - and its compressed timeframe for comments, predictably arouse suspicion.
At face value, the Draft Bill seeks to amend the Expropriation Act of 1975, which is in contradiction of section 25 of the Constitution in respect of two key provisions. First, the Expropriation Act makes reference to “public purpose” only, while the Constitution references “public interest” and “public purpose”. Secondly, the Expropriation Act refers to “market value”, while the Constitution refers to “just and equitable” compensation. Market value is but one consideration in the determination of just and equitable compensation.
Key concerns flagged by the Foundation in its submission to Parliament on 21 February include the following:
Too loose a definition of “public interest”;
Current politicalised definition of property rights, which will impact the passage of the Draft Bill;