What may be expropriated?
According to the Constitution of South Africa Section 25 (4)(b), “
property is not limited to land” thus any property including movable property and immovable property may be expropriated.
Why may expropriation be done?
Expropriation can be done for two purposes:
- a public purpose
- in the public interest.
Public purpose
Public purpose can be defined as “
any purposes connected with the administration of the provisions of any law by any organ of state”. An expropriating authority may only expropriate for a valid reason or purpose e.g. land expropriated for building a school or hospital.
Public interest
In terms of section 25(4)(a) of the Constitution “
public interest includes the nation’s commitment to land reform, and to reforms to bring about equitable access to all South Africa’s natural resources”. Section 25 (8) further states that the state may take “
legislative steps and other measures … in order
to redress the results of past racial discrimination…”
Expropriation and land reform should be done in accordance with these two clauses.
In the event of disputes, courts will determine compensation for expropriation.
What does urgent expropriation mean?
Chapter 7 of the Bill focuses on urgent expropriation. This section states,
“An expropriating authority may, if a property is required on an urgent basis, exercise a right to use property temporarily for so long as it is urgently required for a period not exceeding 12 months”.
Urgent expropriation cannot be done if the property:
- belonging to national, provincial or local government is available;
- is needed in terms of the Disaster Management Act; or
- is protected by a court order.
