Expropriation Bill process

25 July 2016

President Jacob Zuma has requested Speaker of the National Assembly and the Chairperson of the National Council of Provinces to advise him on the process followed by Parliament in passing the Expropriation Bill.

The Expropriation Bill was passed by Parliament and referred to the President for assent and signing into law. The Bill, amongst others, provides for the expropriation of property for a public purpose or in the public interest.

President Zuma received petitions against the signing of the Bill into law from individuals and various organisations. The petitions raised a number of procedural issues which included that:

(i)       the procedures followed by the National Council of Provinces (NCOP) and some provincial legislatures in passing the Bill were inconsistent with the Constitution. 

(ii)      the NCOP failed to facilitate sufficient consultation with the public prior to the adoption of the Bill. I.

(iii)      the Bill was not referred to the National House of  Traditional Leaders as required in terms of section 18(1)(a) of the Traditional Leadership and Governance Framework Act, 2003 (Act No. 41 of 2003).

Accordingly, the President has requested Parliament to advise him on process followed in passing the Bill.

Issued by Bongani Ngqulunga on behalf of the Presidency, 25 July 2016