13 March, 2015
The Expropriation Bill is back and it is still unconstitutional
Attached is the 17th issue of @Liberty,
the IRR's policy bulletin. This issue deals with the new Expropriation
Bill of 2015 (the Bill), which was recently released by the minister of
public works, Thulas Nxesi, and is due to be enacted into law this year.
2015 Bill is just as unconstitutional as its predecessors of 2008 and
2013. It still gives the State the power to take ownership and
possession of property of virtually any kind by notice to the owner -
and without a prior court order confirming the constitutional validity
of the expropriation.
Bill also puts great pressure on expropriated owners to accept whatever
amounts of compensation the State might offer. Particularly telling is a
clause saying owners will be deemed to have accepted these amounts
unless they sue for more within two months. Given the high cost of
litigation, most people will be reluctant to risk this.
Government claims the 2015 Bill will cure the constitutional defects in
the current Expropriation Act of 1975, but this is simply not true. Mr
.Nxesi's Bill should thus be abandoned and replaced by a new amendment
bill that is fully compliant with the Constitution. Such a bill can
easily be crafted by amending the current Act in three key ways, as this
issue of @Liberty explains.
Please also see IRR TV for more.
Download the PDF document : IRR @Liberty
Head of Policy Research