South Africa's Landmark Land Expropriation Act Raises Questions

In a significant move, President Cyril Ramaphosa signed into law the Expropriation Bill, detailing how state organs may expropriate land in the public interest.

This new legislation aims to address South Africa’s painful past where land was a privilege enjoyed by only a few.

Section 25 of the Constitution recognizes expropriation as a vital mechanism for the state to acquire property for public purposes or interests, provided that just and equitable compensation is given.

This legislation is the result of five years of public consultation and Parliamentary deliberation.

“It is constitutional, reflecting a long-standing asymmetry between white ownership of most land and black ownership being confined to marginal lands.

It’s not precipitous and calls for due process,” commented Professor John Stremlau, Honorary Professor of International Relations at the University of the Witwatersrand.

The Act allows for the State to expropriate land in the public interest with just and equitable compensation.

However, it has drawn criticism from international quarters, notably from the United States.

Reports indicate that US President Donald Trump has moved to halt future funding to South Africa over allegations of “land confiscation.”

US funding, primarily through PEPFAR (US President’s Emergency Plan for AIDS Relief), accounts for around 17% of South Africa’s HIV/AIDS programme.

“We trust President Trump’s advisors will attain a thorough understanding of South Africa’s policies within the framework of a constitutional democracy,” Minister Ronald Lamola told SAnews.

Eminent domain, as defined by the New York Times Learning Network, is the “right of the state to take private property for public use,” with just compensation required under the Fifth Amendment of the US Constitution.

“This Act is not a confiscation instrument but a constitutionally mandated legal process ensuring public access to land in an equitable and just manner,” stated The Presidency.

The Act stipulates that property may not be expropriated arbitrarily or for non-public purposes.

Professor Stremlau emphasized that South Africa “has a right of eminent domain overriding private property,” stressing the meticulous negotiations with communities to reassure property owners of full compensation.

Stremlau further commented on SA-US relations, suggesting that while President Ramaphosa should be congratulated for promoting national unity, the act may strain ties with the US.

Nonetheless, he expressed hope that cooler heads will prevail, particularly regarding South Africa’s status in the African Growth and Opportunity Act (AGOA), which provides duty-free access to the US market for eligible African countries.

Since its enactment in 2000, AGOA has been central to US economic policy and engagement with Africa. South Africa, as a middle-income country, plays a critical role in AGOA, despite the act’s focus on poorer African nations.

Professor Stremlau concluded by highlighting the challenges faced by the Department of International Relations and Cooperation and urging support for their efforts.

He reiterated that the average South African voter prioritizes economic issues and job creation, which should be President Ramaphosa’s main focus.

Public Works and Infrastructure Minister Dean Macpherson also stressed that the Expropriation Act sets a clear legal framework for expropriation, always with due process and court oversight, and assured that no one in South Africa will have their land confiscated.

The Act’s implementation will be a key topic in President Ramaphosa’s upcoming State of the Nation Address, where he will reflect on the past year and outline the year ahead for South Africa Inc.

“Americans respect what South Africa is trying to do in the aftermath of the Apartheid era,” Stremlau noted

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