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LAND ACQUISITION & REDISTRIBUTION BILL IN FINAL DRAFTING PHASE?
- 31 July 2024
- Agriculture, Land Reform & Rural Development
- SA Legal Academy
Please note: A briefing presentation document circulated among members of the newly established National Assembly Committee on Land Reform & Rural Development refers to a ‘Land Redistribution Bill’ apparently expected to have been tabled during the previous Parliament.
A Land Acquisition & Redistribution Bill is in the process of being finalised, according to newly appointed Land Reform & Rural Development Minister Mzwanele Nyhontso. He revealed this in a written reply to a question from the EFF’s Nolubabalo Mcinga.
According to the Minister:
- the Bill’s overarching objective is to ‘enable the department to acquire land and redistribute it to persons and communities identified as beneficiaries for purposes of land redistribution and land reform in general’
- this land ‘will be acquired in terms of section 25 of the Constitution and the Expropriation Bill … when it becomes an Act’, noting that:
- the Constitution ‘provides for just and equitable compensation’, and that
- ‘the Expropriation Bill provides that nil compensation may amount to just and equitable compensation’.
Interestingly, the Department of Agriculture, Land Reform & Rural Development’s most recent strategic and annual performance plans make no reference to a Land Acquisition & Redistribution Bill. This is bearing in mind that land reform and rural development were only assigned a separate ministry on 30 June 2024, following the formation of a government of national unity.
Parliament passed the Expropriation Bill’s ‘D’ version in March 2024.
Presumably, the Land Acquisition & Redistribution Bill will be released in draft form for public comment. With that in mind, the Minister may have been alluding to its finalisation for submission to Cabinet for pre-public consultation approval.
Clarity is needed.
- Minister’s written reply
- Expropriation Bill’s ‘D’ version
Published by SA Legal Academy Policy Watch
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