Expropriation without compensation: How new law ACTUALLY affects landowners

Bongani Bingwa speaks with Tanveer Jeewa, a lecturer in Property Law at Stellenbosch University.

Listen below:

The new expropriation bill repeals the pre-democratic Expropriation Act of 1975 and sets out how organs of the State may expropriate land in the public interest.

The state can expropriate land for the public good, but an expropriating authority must enter into negotiations with the owner of a property required for such purposes.

This authority must attempt to reach a fair agreement to buy the property from the owner before resorting to expropriation.

The state cannot just seize land arbitrarily or without attempting to reach an agreement with the land owner.

If an agreement cannot be reached, strict legal procedures must be followed before expropriation can happen.

The only exception is where temporary use of the property is required urgently, and this event must still follow the legal provisions.

“Expropriation is nothing new in South African law.”

- Tanveer Jeewa, property law expert - Stellenbosch University

Jeewa says the court will address every case individually and land can only be expropriated with no compensation in very few circumstances.

For example, if the land has been abandoned and rates have not been paid for a long period, the state can expropriate without compensation.

“No one’s home is likely to fall under the circumstances of nil compensation.”

- Tanveer Jeewa, property law expert - Stellenbosch University

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