The facts regarding Land Expropriation without Compensation
Category South Africa
LAND, RAND, WATER, repeat. The facts regarding Land Expropriation without Compensation
As South Africa fast approaches the warmer temperatures of summer, the uncertainty regarding the above hot topics seems to be cooling.
South Africa’s attempt to address corruption and improve the economic outlook has been slow, however we believe that most people draw comfort in the recognition that at least the process has begun and that President Ramaphosa seems to have a game plan. To quote President Ramaphosa at a recent address attended by the SEALEDBID team, “We as South Africans are resilient and together we have and will solve what some consider to be insurmountable problems”. While we as South Africans pull together and may do all the right things, it is important that we recognise that South Africa still falls within the “emerging market basket” and certain fluctuations, specifically the Rand Value and Petrol are largely out of our hands.
FACTS ABOUT LAND EXPROPRIATION WITHOUT COMPENSATION:
As accurate information regarding Land Expropriation slowly feeds into the public domain, the angst and fear largely fed by misinformation has quietened down. According to chairman of the CRC, Lewis Nzimande, we can expect to hear the findings of the Constitutional Review Committee by November 2018 which will address whether the Constitution should be amended to allow for land to be expropriated without compensation. After this finding has been presented, MPs must then present a report to parliament which will need to be adopted, after which another committee will then be tasked with the constitutional amendment. As next year’s general election will be held before the end of May (as hinted by President Ramaphosa), it is very unlikely that this issue will be resolved by then.
The BIG questions on everyone’s mind has been:
1. How will Land Expropriation without Compensation be implemented? and
2. Exactly what land may be expropriated?
Although the draft bill will soon be completed, the following extract explanation on polity.org put our minds at ease and we trust will considerably reduce any concerns that you may have (read the full article here: http://www.polity.org.za/article/cronin-lifts-veil-on-new-draft-expropriation-law-2018-09-18). We can certainly agree that this is nothing like what we’ve been reading on social media.
PROCEDURE for LAND EXPROPRIATION WITHOUT COMPENSATION will:
- Ensure the expropriator has exercised his or her mind;
- Provide that a notice of intention be sent to the local municipality and all affected parties;
- Make provision for objections within 30 days;
- Issue a notice of expropriation plus an offer of compensation which could be nil, thus making it an expropriation without compensation; and
- Make provision for counter-proposals.
WHAT LAND AND PROPERTY COULD BE EXPROPRIATED WITHOUT COMPENSATION (as identified by a task team previously led by Jeremy Cronin):
- Abandoned buildings;
- Unutilised land;
- Commercial property held unproductively and purely for speculative purposes;
- Underutilised property owned by the State; and
- Land farmed by labour tenants with an absentee titleholder
Just like the dam levels in Cape Town, we may have a way to go and there remains lots to be done but we are certainly on the right path.
Author: Aubrey Miller