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EXPROPRIATION BILL UNLIKELY TO BE PASSED THIS YEAR
- 04 December 2023
- Parliament
- SA Legal Academy
Please note: On 7 December 2023, the NCOP Committee on Transport, Public Service & Administration, and Public Works & Infrastructure issued a media statement announcing a decision to allow the Department of Public Works & Infrastructure time for ‘further consultations on clause 20, which deals with matters around urgent expropriation’. Any changes made to the Bill will need to be endorsed by the National Assembly.
Changes to the Expropriation Bill’s ‘B’ version proposed by some provincial legislatures in their negotiating mandates are expected to be further considered during this week’s meeting of the NCOP Committee on Transport, Public Service & Administration, and Public Works & Infrastructure. This is according to the most recent iteration of Parliament’s committee meetings schedule.
As a result, the programming committee may have been over-optimistic in earmarking the NCOP’s 7 December 2023 plenary for considering and passing the Bill – although this is a provisional arrangement.
Whether or not the committee chooses to adopt any amendments recommended by the provincial legislatures, a report explaining why will need to be sent to the provincial committees concerned so that final mandates can be prepared and endorsed by each House. This process will probably be held over until the provincial legislatures reconvene next year, after the festive season break.
As has been widely reported ever since the controversial Bill was tabled in 2020, among other things it provides for land expropriation with nil compensation in the public interest – but only in specific circumstances, where doing so would be deemed just and equitable.
According to a memorandum on the Bill’s objects, its overarching purpose is to provide ‘a common framework in line with the Constitution to guide the processes and procedures for (the) expropriation of property by organs of state’.
- parliamentary programme
- committee meetings schedule
- Bill’s ‘B’ version (now being considered for further amendments)
Published by SA Legal Academy Policy Watch