Expropriation Act constitutional - legal expert
A legal expert says the Expropriation Act will not change
much.
President Cyril Ramaphosa signed the contentious bill into law this week, replacing the 1975 Expropriation Act.
Annalize Crosby, Legal intelligence manager of the Agricultural Business Chamber of South Africa, says expropriation has always been possible.
“What this bill brings in that is new is setting provisions that are quite positive in the sense that it is not only the owners’ rights that will be taken into account but also anybody who has rights on that land,” Crosby.
“For example, somebody who might be renting or the mortgage holder, the bondholder of the land.”
READ: Expropriation Bill becomes law
This Act sets out how Organs of State may expropriate land in the public interest.
"It makes it clear that in certain circumstances compensation maybe awarded that amount to zero compensation but that is only in limited circumstances where it is redeemed to be just equitable.
“I doubt it is actually unconstitutional, and I am also pretty sure that the President has sent it to the State law to check for constitutionality,” added Crosby.
Several political parties, including the DA, have threatened legal action against the new law saying it is a direct attack on the constitutional rights of South Africans.
DA leader, John Steenhuisen will on Saturday announce the impact the enactment has had on the party's role in the Government of National Unity.
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