IRR: How to heal the unconstitutional Expropriation Bill

The contested Expropriation Bill, which among other things seeks to enable expropriation without compensation (EWC), is currently before the National Council of Provinces (NCOP). On 11 October, Dr Anthea Jeffery, the IRR’s Head of Policy Research, will be making an oral presentation on the Bill, which will follow on the written submission made on 25 September.

The presentation will outline critical defects and risks of the Expropriation Bill. It will also put forward constructive suggestions on how the Bill can be brought into line with the Constitution, international best practice, and the goal of increased wealth for all.

Some of the essential changes required would ensure:

• that compensation has to be paid before the owner loses their property;
• that a disputed expropriation cannot proceed without a prior court order;
• that expropriated owners and rights holders obtain compensation for direct losses resulting from expropriation (such as moving costs and loss of income);
• that the definition of expropriation includes other forms of property deprivation, such as custodianship; and
• that the vague and uncertain ‘without compensation’ provisions of the Bill are removed.

Said Mlondi Mdluli: ‘There is a need for a better Expropriation Bill that is in line with the Constitution. The Bill before the NCOP, as amended, suffers from numerous defects and is still unconstitutional.’

Added Mdluli: ‘Those who are advocating for the unconstitutional Expropriation Bill want to destroy our beautiful country and want it to become the next Zimbabwe or Venezuela, which the IRR will continue to oppose with all the means at its disposal.’

Property rights are human rights and form the very bedrock of democracy. The IRR remains firm in its fight for the property rights of all South Africans, which the Expropriation Bill in its current form seeks to violate.

Learn more about the IRR’s campaign against expropriation without compensation here.

To learn more about the Expropriation Bill’s fatal flaws, read the IRR’s submission here.

Media contact: Mlondi Mdluli, IRR Campaign Manager Tel: +2771-148-2971 Email: mlondi@irr.org.za ,

Media enquiries:

Michael Morris, Head of Media Tel: +2766-302-1968 Email: michael@irr.org.za

Sinalo Thuku, Media Liaison Assistant Tel: +2773-932-8506 Email: sinalo@irr.org.za