Parliament refuses to fund constitutional requirements for public participation on Expropriation Bill

18 February 2021

The Democratic Alliance (DA) rejects Parliament’s attempts to stifle public participation with regards to the Expropriation Bill.

On Wednesday, the Portfolio Committee on Public Works was informed that the Parliamentary Communications Services Unit has withdrawn their offer of funding for the flighting of advertisements on 3 radio stations which would have reached a significant portion of the population. They have further advised that they will not be funding anything related to the public participation of the Expropriation Bill process.

Despite the fact that this is one of the most controversial and far-reaching Bills of our modern democracy, the Parliamentary Communications Services Unit has decided that South African citizens should not be given every opportunity to make submissions.

The DA will be writing to the Acting Secretary to Parliament to request their intervention to ensure that funding is made available immediately to roll out the proposed radio advertisements, as well as to cover the costs associated with proper public participation.

The Expropriation Bill, set to repeal the Expropriation Act of 1975 and give effect to the amendment of Section 25 of the Constitution that is still in process, is available for public comment.  This period closes on 28 February 2021.

The proposed powers that will be given to the government under this Bill will be disastrous for property owners and for investment.  South Africans need to made aware that this Bill is before Parliament and that they have the right to make their inputs and submissions.

While the issue has been escalated in the media by the Portfolio Committee, the deadline draws nearer with many people still completely unaware of the proposed legislation.

The complexities of this Bill have been underplayed by the ANC and its sponsors in favour of a misdirection that promotes expropriation (with or without compensation) as a mechanism for redress and land restitution.  This Bill is not designed for these purposes.  It has been designed to vest land in the state and to allow the government to expropriate any property, including intangible property under the guise of public interest.  There will be no private ownership of property through this process – merely allocations on a leashold basis of property and land to cadres and the politically connected and greater centralization of power in the government.

This government has already taken our water rights and our mineral rights.  It is now attempting to take over our property rights.

The DA will therefore fight to oppose Parliament’s attempts to stifle public participation on this Bill. If our people are not afforded the opportunity to make meaningful inputs and submissions on proposed legislation, then this entire process is a farce.  We remain a participative, constitutional democracy. We need to behave as one.

Issued by Samantha Graham-Maré,DA Shadow Minister of Public Works and Infrastructure, 18 February 2021