Staff Writer6 December 2019
The parliamentary committee on land expropriation has published its new draft bill for public comment.
The bill aims to amend Section 25 of the Constitution to allow for land expropriation without providing compensation.
However, the bill itself does not specify the circumstances when no compensation may be given. Instead, it states that a separate piece of national legislation must set out the specific circumstances where a court may determine that the amount of compensation is nil.
Previously, Section 25 read:
S25 (2)(b): subject to compensation, the amount of which and the time and manner of payment of which have either been agreed to by those affected or decided or approved by a court.
The amendment adds the following to S25 (2)(b):
Provided that in accordance with subsection (3A) a court may, where land and any improvements thereon are expropriated for the purposes of land reform, determine that the amount of compensation is nil.
and adds this section as S25 (3)(a)
S25 (3)(a) : National legislation must, subject to subsections (2) and (3), set out specific circumstances where a court may determine that the amount of compensation is nil.
Written submissions must be received by no later than Friday, 31 January 2020. Submissions and enquiries must be directed to Mr V Ramaano at this email address.
You can read the full bill below:
Land Amendment Bill by BusinessTech on Scribd