South African President Cyril Ramaphosa has officially signed the Expropriation Bill into law, a move that grants public institutions the power to seize land in the interest of the public.
This action replaces the outdated Expropriation Act of 1975, which was enacted before the end of apartheid. The signing is seen as a significant step in realising the government’s goal of using land for broader social and economic development.
The Presidency released a statement explaining that this bill aligns with Section 25 of the South African Constitution, which recognises expropriation as a legitimate means for the state to acquire private property.
However, it stipulates that compensation must be fair and just. The new law is expected to help the government address historical inequalities related to land ownership, a long-standing issue that has been central to the country’s post-apartheid transformation.
While the bill has received praise from several political parties, particularly the African National Congress (ANC), it has also faced criticism, especially from opposition groups.
The Democratic Alliance (DA) has voiced strong opposition to the law, claiming that it will challenge the bill in court. Willie Aucamp, a member of the DA, stated that although the party acknowledges the constitutional right to redress land issues, it has serious concerns regarding both the procedure and some of the bill's core elements.
The DA has reportedly begun consulting with its legal team to explore potential avenues for contesting the law.
Under the new legislation, the government can only expropriate property after making genuine efforts to reach a fair agreement with the property owner.
The bill empowers state institutions at all levels, from local to national, to expropriate land for public use, provided the purpose aligns with the public interest.
The Presidency stressed that expropriation cannot be arbitrary and must be for a legitimate public purpose. In all cases, negotiations with the property owner must take place before any expropriation is carried out.
Sihle Zikalala, the deputy minister of public works and infrastructure, hailed the bill as "ground-breaking" and a key step towards unlocking land for socio-economic development. He believes the law will accelerate economic transformation in South Africa and foster inclusive growth.
Zikalala’s comments reflect the government’s broader vision of using land reform to drive social and economic progress for historically marginalised communities.
Independent political analyst Sandile Swana described the bill as an extension of existing constitutional provisions that deal with land expropriation.
He noted that the law does not introduce new rights or strip away any existing ones. Instead, it seeks to clarify the procedures and conditions under which land can be expropriated for public use.
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