Land Reform Bill Allowing Expropriation Without Compensation Becomes Law in South Africa

January 26, 2025 by No Comments

President Cyril Ramaphosa has enacted legislation enabling the government to seize land without compensation, a move criticized by some as threatening private property rights.

This new law, replacing the 1975 Expropriation Act, details the state’s land expropriation procedures and justifications, according to the BBC.

While Ramaphosa’s African National Congress (ANC) celebrated this as a major achievement, internal government opposition to the law’s legality has emerged.

Over 30 years after the end of apartheid, South Africa’s Black majority still owns a small percentage of farmland, with most land held by the White minority, as reported.

The legislation permits land expropriation without compensation only under circumstances deemed “just and equitable” and in the public interest.

This includes situations where land remains undeveloped, lacks development plans, or poses a public safety hazard.

President Ramaphosa’s spokesperson, Vincent Magwenya, clarified in a press release that expropriation must not be arbitrary and must serve a public purpose or be in the public interest.

He added that attempts to reach a mutually agreeable acquisition deal with the property owner must be made before expropriation can proceed.

The Democratic Alliance (DA), the official opposition, strongly opposes the law and is seeking legal counsel, stating that while land restitution is supported, the parliamentary process was flawed, according to the BBC.

The Freedom Front Plus, representing South Africa’s White minority, intends to challenge the law’s constitutionality and will actively pursue amendments if deemed necessary.