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New moves on expropriation
16/04/2008 19:26 - (SA)
Cape Town - Property will be expropriated if it is in the public interest, according to the draft Expropriation Bill tabled in Parliament on Wednesday.
"Expropriation in the public interest... provides the government with a tool to achieve... land reform and reforms to bring about equitable access to all of South Africa's natural resources," according to a memorandum attached to the bill.
This would broaden the purpose of expropriation from the present narrow term of "public purpose".
According to the bill, public interest "includes the nation's commitment to land reform and to reforms to bring about equitable access to South Africa's natural resources".
The bill would provide for "just and equitable" compensation, which had to strike a balance between the public interest and the interests of the land owners.
A decision on the amount would take into consideration the property's present use, market value, the history of its acquisition and purpose of the expropriation.
If agreement on compensation was not reached, an "expropriation authority" could make a determination. This could be appealed against in court.
Changes to the Expropriation Act
The authority also would have the ability to depart from prescribed expropriation procedures, where this was reasonable and justifiable.
Under normal circumstances, the authority would first hear objections and representations before a decision to expropriate was taken.
The draft is the result of changes to the Expropriation Act of 1975.
This brought it in line with provisions in the constitution dealing with equality, property rights, access to information and lawful, reasonable and fair administrative decision-making.
The bill will be discussed by a parliamentary committee before going to the National Council of Provinces for debate.
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