Issued by Ismail Joosub on behalf of the FW de Klerk Foundation, on 09/04/2024

The Expropriation Bill [B23-2020], legalising expropriation without compensation (“EWC”), poses a grave threat to South Africa’s economy and the most vulnerable in society. Passed by Parliament on 27 March 2024, the Bill now only needs the President’s signature to become law.

“This legislation, by allowing the Government to expropriate someone’s property without paying them for it, violates section 25 of the Constitution, which guarantees property rights and mandates compensation for expropriation”, says Ismail Joosub, Legal Officer at the FW de Klerk Foundation.

It follows on the heels of Parliament rejecting amending the Constitution to expressly allow for Expropriation Without Compensation (“EWC”) on 7 December 2021.

“Parliament, SA’s elected representatives, expressly chose not to change the Constitution to allow for EWC. For this reason, Parliament cannot now make subordinate legislation giving the State the power to expropriate property for nil compensation, because the State must operate within the powers conferred on it by the Constitution,” says Daniela Ellerbeck, the Constitutional Programmes Manager at the Foundation.

The Foundation urges President Cyril Ramaphosa to exercise the powers the Constitution gives him to send this law back to Parliament for reconsideration, lest we plunge into a rule of law crisis and constitutional uncertainty.