Experts warn Expropriation Bill will have legal implications

Experts have criticised the Expropriation Bill signed into law by President Cyril Ramaphosa, arguing that it will be characterised by lengthy court litigations that will drag on for years and create frustrations, particularly for the government and the judiciary.

The Act paves the way for a framework for expropriating land without compensation for public interest. Member of Parliament, Andile Mngxithama said the Act does not change the legal status quo, arguing that the Constitution guarantees the mandate to pay compensation.

“This act has nothing to do with land expropriation without compensation. It’s a betrayal of the thousands of people who participated in public hearings nationwide and gave a clear mandate for land expropriation without consideration. 

“These amendments are a farce and must be rejected with the contempt it deserves. The so-called Government of National Unity shows the contradictions of the Ramaphosa administration. There shall be no land expropriation without compensation under Ramaphosa,” he said.

Mngxithama added that Public Works and Infrastructure Minister Dean Macpherson correctly said land will not be expropriated without compensation.

Independent political analyst and senior lecturer at the University of Limpopo, Dr Metji Makgoba, said that the bill's legislation reflected compliance with those who were against addressing the land question.

“There is a misguided belief that the land question can be resolved through the Constitution and legal processes while fully embracing neoliberal capitalism. The primary aim of the Appropriation Bill is to depoliticise land redistribution and the suffering of black people, reducing it to a technical and legal process.

“However, instead of expediting redistribution, this legislation will obstruct it by overburdening the legal system. Each case must be individually substantiated, costed, negotiated, and subjected to arbitration, followed by inevitable court challenges — all while millions remain landless.”

Makgoba felt the Bill, rooted in neoliberal principles, functions as a “deliberate” delay tactic. 

“Rather than addressing the pressing need for land justice, it reframes the issue through the narrow logic of economics. By shifting the debate from a political arena — where redistribution is at least theoretically possible — to a managerial framework, the Bill confines the discussion to codification, compliance, and systemic performance metrics that stifle meaningful progress,” he said.

He warned that when people express frustration over the slow pace of redistribution, the ruling elite — comprising politicians, media, and business leaders — will deflect criticism by blaming administrative backlogs, further entrenching inequality and preserving the status quo.

thabo.makwakwa@inl.co.za

IOL Politics