List every government body empowered to expropriate property, IRR urges Minister Macpherson

Publish the full list of all state entities authorised to seize property under the new Expropriation Act, the Institute of Race Relations (IRR) has urged Minister of Public Works and Infrastructure Dean Macpherson.

Makone Maja, Strategic Engagements Manager at the IRR, notes that the South African Revenue Service tallies 1,105 national, provincial and local government institutions, excluding state-owned enterprises and public trusts.

“If each of these bodies can now take property for below-market or even nil compensation, the threat to owners is unprecedented,” Maja warns.

In its April 2024 submission on the earlier version of the Bill, the IRR argued that the vagueness of the legislation violated constitutional certainty.

The Institute now asks the Minister to clarify:

1. Which departments, municipalities, SOEs, trusts and other entities qualify as expropriating authorities;
2. Whether every listed body enjoys the full spectrum of expropriation powers contained in the Act, and
3. How many expropriations have occurred since 1994 under either the 1975 Act or its successor, and whether any abuses have been recorded.

“The Act’s defenders boast of safeguards, yet safeguards are meaningless if no one even knows who can pull the trigger,” Maja says. “Publishing the list and setting clear limits are essential first steps to preventing abuse and upholding property rights.”

The IRR urges Minister Macpherson to act swiftly and transparently so that South Africans can see precisely which arms of the state may wield this extraordinary power.

Media contact: Makone Maja, IRR Strategic Engagements Manager Tel: 079 418 6676 Email: makone@irr.org.za

Media enquiries: Michael Morris Tel: 066 302 1968 Email: michael@irr.org.za