EXPROPRIATION BILL, 2015
The Minister for Public Works intends introducing the Expropriation Bill, 2015 in
Parliament during the fourth quarter of 2014/15. A summary of the Bill is hereby
published in accordance with Rule 241(1) of the Rules of the National Assembly and
Rule 186(1) of the Rules of the National Council of Provinces.
The Expropriation Bill seeks to align the Expropriation Act, 1975 with the Constitution,
1996 and to provide a common framework to guide the procedures for expropriation of
property by organs of state. The Bill does not seek to interfere with existing powers of
expropriation conferred by specific legislation. The Bill, rather, seeks to provide
certainty for all affected parties, by prescribing uniform procedures to be followed by all
expropriating authorities when exercising their powers.
The Bill introduces measures that differ significantly from the Expropriation Act, 1975.
Noteworthy is the recognition and compensation of unregistered rights in property in all
expropriations and the embodiment of the constitutional principle of just administrative
action by, amongst other measures
(a) providing for the publication of an intended or actual expropriation, incorporating
the rationale for such expropriation;
(b) providing for notices of an intended or actual expropriation, incorporating the
rationale for such expropriation, to be served on or delivered to all known affected
(c) affording interested parties an opportunity to raise objections and make
representations to an expropriating authority, and requiring that authority to
consider such submissions before taking a decision whether or not to proceed
with an expropriation.
The Bill provides for the determination of just and equitable compensation for
expropriation in accordance with the principles contained in section 25(3) of the
Constitution, 1996. The Bill also confirms the power of the Minister of Public Works to
expropriate property for purposes connected with the execution of his/her mandate.
The Bill does not grant expropriating powers to any other functionary.
The Bill will be available on the website of the Department of Public Works
(www.publicworks.gov2a) once it has been certified by the Chief State Law Advisor
and introduced in Parliament, and also by contacting:
Department of Public Works
Private Bag X65
Attention: Andre Meyering / Johannes Lekala
Telephone: 012-406-1566 / 012-406-1567
Facsimile: 086-272-4553 / 086-272-4554
E-mail: firstname.lastname@example.org za / email@example.com
SOURCE: SOUTH AFRICAN OFFICIAL NEWS