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Final Public hearings on the Expropriation Bill

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This week sees the public hearings of the Infrastructure Development Portfolio Comittee on the Expropriation Bill.


We cannot support the inclusion of ‘nil compensation’.

Today’s farmers are not solely responsible for historical events and cannot be required to bear the burden of addressing dispossession disproportionately – it is a collective responsibility.

The specter of wanting to introduce the expropriation of land with ‘nil compensation’ is unjust at the best of times as well as irrational and irresponsible at a time when our country is crying out for investment, economic growth, job creation, poverty alleviation and the creation of a just and equitable society.

We believe that the definition should be scrapped. This will allow the courts to deal with each case on its own merit. Alternatively, the definition must be wide enough to include all forms of expropriation recognized internationally. The exclusion of severe statutory limitations on the use of property from the concept of expropriation could have a negative impact on investor confidence and the growth of our economy.

  • Clauses 12(3) and 12(4) which provide for the possibility of nil compensation

We believe that if and where expropriation is justified:

•           It should be perceived by all to be a fair and transparent process;

•           Safeguards should be in place to prevent the misuse of power;

•           Landowners should receive prompt, adequate and effective compensation which will  

            allow them to start anew – they should not be worse-off as a result of the expropriation;    

            and that

•           The full cost of expropriation should be borne by the fiscus.

Therefore, Free State Agriculture will be present at the public hearings on behalf of our Members, because we cannot support the Expropriation Bill in its current form.

The dates and venues of public hearings can be viewed here