All states need the power of expropriation in some instances, but expropriation should be fair, legal and rare.
Implemented as it is drafted, the Expropriation Bill will not result in very dramatic changes in SA’s property or expropriation regime, but there is a significant risk that its passage will signal a period of overuse and abuse of powers of expropriation.
The principal protection against overuse/abuse is that compensation must be paid for expropriated property. This provision still applies but has been weakened by provisions that permit nil compensation to be payable in exceptional circumstances.
CDE has proposed amendments that would strengthen accountability for misuse of expropriation powers and further limit the circumstances in which a court might determine that it would be just and equitable for the state to pay no compensation for land it has expropriated.