President Ramaphosa Signs Expropriation Bill: Government Given Power to Take Land Without Compensation

Pretoria – President Cyril Ramaphosa has officially enacted the Expropriation Bill, which outlines the procedures by which state entities can “expropriate land in the public interest for various reasons,” as announced by the Presidency on Thursday, (23 January 2025).

This legislation also nullifies the outdated Expropriation Act of 1975 from the pre-democratic era.

“The Bill, following a five-year journey of public consultation and legislative review, brings the expropriation framework in line with the Constitution,” stated the Presidency in a release.

According to Section 25 of the Constitution, expropriation is acknowledged as a crucial tool for the state to obtain private property for public purposes or interests, provided that just and fair compensation is offered.

Previously, property expropriation was regulated by the Expropriation Act of 1975, which predates the provisions related to expropriation in section 25(2) of the Constitution.

“The Bill signed by President Ramaphosa details the processes and criteria for expropriation,” remarked Vincent Magwenya, spokesperson for the President.

“This new law will aid all state entities – including local, provincial, and national authorities – in expropriating land for the public good in a variety of contexts.

“Local, provincial, and national authorities will employ this legislation to expropriate land in the public interest for diverse reasons aimed at fostering inclusivity and facilitating access to natural resources.”

The Bill abolishes the Expropriation Act and establishes a unified framework consistent with the Constitution to steer the processes for property expropriation by state bodies.

Under this law, an expropriating authority is prohibited from expropriating property in a manner that is arbitrary or not aligned with a public purpose or the public interest.

“Expropriation cannot occur unless the expropriating authority has made unsuccessful attempts to negotiate with the property owner or rights holder for acquisition on reasonable terms,” Magwenya further clarified.

“Consequently, an expropriating authority must engage in negotiations with the property owner regarding the necessary acquisition.

“Additionally, the authority must strive to reach an agreement on property acquisition prior to proceeding with expropriation, unless urgent circumstances necessitate temporary use of the property as defined by the legislation.

“The law also provides for the resolution of disputes through mediation or the relevant courts.”