Article written by Private Property Reporter
What property owners in SA need to know
On January 23, 2025, President Cyril Ramaphosa signed the Expropriation Bill into law. This new law replaces the old Expropriation Act of 1975 and sets out clear guidelines for how government bodies can expropriate land for public purposes or in the public interest.
Why was this new law needed?
The old Expropriation Act was outdated and didn’t align with the Constitution, which allows expropriation (or the state taking over property) under certain conditions. Section 25 of the Constitution says that property can be taken for a public purpose (e.g., building roads or schools) or in the public interest (e.g., land reform), but it must involve “just and equitable” compensation.
The new law provides a more transparent framework to ensure that this process is fair and follows the Constitution.
What does the new law say about expropriation?
This law makes it clear that:
- Property can only be expropriated for public purposes or in the public interest.
- It cannot be done arbitrarily or unfairly.
- Before any expropriation, the government (or “expropriating authority”) must try to negotiate with the property owner and attempt to reach an agreement to buy the property on reasonable terms.
If the parties cannot agree, expropriation can happen, but only after following strict legal procedures
Can the government take land without notice?
No, the government cannot expropriate property without following due process. It must negotiate with the owner first, and even if they proceed with expropriation, disputes can be taken to court or mediation.
The only exception is in urgent situations where temporary use of the property is required – but even this must follow specific provisions in the law.
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