Expropriation Bill returns to National Assembly for new considerations amid claims of irregularities

CAPE TOWN - The Expropriation Bill which makes provision for the State to take private property for public use is set to return to the National Assembly for new amendments to be considered. 

On Tuesday, the National Council of Provinces (NCOP) approved the bill with additions, but the Democratic Alliance (DA) claims the process has been plagued with irregularities.

It’s now threatening legal action saying the African National Congress (ANC) is trying to use this legislation for land reform - and to make up for its inability to amend Section 25 of the Constitution to allow for land expropriation without compensation. 

In 2021, the ANC failed to get the necessary majority support to amend the Constitution to allow for land expropriation without compensation. 

Now the DA says it’s using the Expropriation Bill to expropriate property through the back door.

DA member of Parliament (MP) Sello Seitlholo said the ANC has been misleading the public on the intentions of this bill. 
 
“The ANC wanted to package this bill as a land reform instrument. An additional concern is that the minister is given free rein to decide what constitutes public interest.”

The DA's deputy chief whip, Annelie Lotriet, said ordinary legislation cannot trump the Constitution and her party will take further steps if the proposed amendments are passed by the National Assembly. 

“The DA will immediately instruct its attorneys to send a letter of demand to the president and demand that he refer the bill back to the National Assembly over concerns on constitutional grounds.”

The party said not all provinces submitted a mandate in support of the bill to allow it to pass in the NCOP.