In an unexpected turn of events, the contentious Expropriation Bill encountered a setback just before its scheduled vote in the National Council of Provinces (NCOP).
The Select Committee on Transport, Public Service and Administration, Public Works and Infrastructure has confirmed that it has decided to conclude deliberations on the much-debated bill in February 2024.
Originally slated for a vote in early December 2023, the Expropriation Bill faced a hurdle as the Parliamentary Legal Services raised significant concerns, particularly regarding the proposed negotiating mandates from the provinces. The legal team presented a series of proposed amendments, known as the C-list, addressing the raised concerns.
A focal point of contention in the bill is its provision for urgent expropriation during a state of disaster, which currently does not mandate consultation with the property holder. However, it counterbalances this by requiring the expropriating authority (the state entity expropriating property) to obtain a court order for urgent expropriation in exceptional circumstances, imminent danger to life, property damage, or other grounds deemed appropriate by the court.
Due to the complexities surrounding the bill, the committee faced obstacles in adopting the C-list for the Expropriation Bill.
The committee, chaired by Mr Mosomanegare Mmoiemang, has resolved to finalise the bill in February 2024, allowing for the integrated bill to be sent to the provinces for the conferral of final mandates. Mr Mmoiemang stated, “It makes sense for the committee to grant the department more time to finalize Clause 20 to strengthen the Bill and to ensure that it is Constitutional.”
The Expropriation Bill aims, among other things, to facilitate property expropriation for public purposes or in the public interest. It also seeks to regulate such expropriation procedures, including compensation payment. The bill identifies specific instances where providing no compensation may be deemed just and equitable for expropriation in the public interest and proposes repealing the Expropriation Act of 1975.
While the government remains steadfast in its determination to pass the Expropriation Bill, community members are invited to share their thoughts on these recent developments in the comment section below.
