The recent signing of the Expropriation Bill into law by President Cyril Ramaphosa has the potential to create further challenges for the Government of National Unity (GNU). Public Works and Infrastructure Minister Dean Macpherson, a key figure overseeing the law, made it clear that he would protect property rights and ensure no private property is expropriated without compensation under his tenure.
The Expropriation Bill was introduced to tackle long-standing issues surrounding land inequality and to provide a framework for land expropriation without compensation. However, tensions between the African National Congress (ANC) and the Democratic Alliance (DA) could escalate further with this new development.
These parties, which formed a GNU after the May 2024 elections, have already disagreed on matters such as the Basic Education Laws Amendment (BELA) Bill and the National Health Insurance (NHI) Bill. This new law could deepen the rift between them.
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On Friday, Macpherson, a DA member, took to social media to make it clear that as Minister of Public Works, he would not allow the expropriation of private property without compensation.
He stated, “As the Minister of Public Works and Infrastructure, there will be NO expropriation of private property without compensation on my watch.” He further emphasized that the guarantee of property rights under Section 25 of the Constitution was non-negotiable.
In addition to this statement, Macpherson clarified that, according to the law, only ministers have the authority to implement Acts and regulations, suggesting that comments made by others in the department should not be considered as official positions.
Macpherson’s comments seemed to be directed at Deputy Minister of Public Works Sihle Zikalala, who had recently stated that the minister would need to defend the matter in court if it was challenged.
Presidency spokesperson Vincent Magwenya explained that the Expropriation Bill had been subject to a comprehensive five-year process of public consultation and parliamentary discussion, ensuring it aligns with the Constitution.
He pointed out that Section 25 of the Constitution permits expropriation for public purposes or in the public interest, as long as just and equitable compensation is provided. Magwenya also noted that the existing Expropriation Act of 1975 was outdated and needed to be replaced to bring the process in line with constitutional requirements.
Despite the bill’s passage, the DA has voiced strong opposition and intends to challenge the law in court. While acknowledging that the Constitution allows for land reform, the DA has raised concerns about both the procedural aspects and the substantive content of the bill.
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