President Cyril Ramaphosa
By Thabo Mosia
President Cyril Ramaphosa has signed the Expropriation Bill into law, effectively repealing the Expropriation Act of 1975. This new legislation provides a framework for the state to expropriate property for public purposes or in the public interest, aligning with Section 25 of the South African Constitution. 
Key Provisions of the Expropriation Bill
The Expropriation Bill outlines the procedures and conditions under which property can be expropriated by various levels of government—local, provincial, and national. It emphasizes that expropriation must be conducted for a public purpose or in the public interest, and it prohibits arbitrary expropriation. The legislation also mandates that expropriating authorities attempt to negotiate with property owners before proceeding with expropriation. 
Public Interest and Just Compensation
The term “public interest” in the context of the Expropriation Bill includes land reform initiatives aimed at addressing historical inequalities. While the bill allows for the possibility of expropriation with nil compensation in specific circumstances, it requires that any compensation be just and equitable, reflecting a balance between the public interest and the interests of those affected. 
Legislative Journey and Public Consultation
The Expropriation Bill has undergone extensive public consultation and parliamentary deliberation over the past five years. Its passage marks a significant step in South Africa’s efforts to reform land ownership and address disparities rooted in the country’s apartheid past. 
Reactions and Implications
The signing of the Expropriation Bill has elicited varied responses. Proponents argue that it is a necessary tool for advancing land reform and promoting equitable access to resources. Critics, however, express concerns about potential impacts on property rights and economic stability. Some opposition parties and civil society groups have indicated intentions to challenge the constitutionality of the bill, suggesting that it may face legal scrutiny in the Constitutional Court. 
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