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Expropriation Act: No mention of null compensation raises red flags

The Presidency’s media statement is misleading the people of South Africa by creating the impression that the Expropriation Bill, which was signed into law yesterday, is fair. In essence, the law allows government to expropriate property, in certain cases, at “null compensation”, which comes down to expropriation without compensation.

The FF Plus does not accept this and has continuously spoken out against the harmful consequences of the law. The party will follow a dual approach to protecting property rights in South Africa:

The FF Plus will challenge the constitutionality of the law in the Constitutional Court. Should it be found unconstitutional, the FF Plus will do everything in its power as member of the Government of National Unity (GNU) and Cabinet to have an amendment bill issued to address the law’s unconstitutionality.

As leader of the FF Plus, I asked the President in the past, and again last week in writing, to protect the letter and spirit of the GNU and especially one of its pillars, namely, constitutional values by not enacting the law before the Constitutional Court has given an opinion on it.

In his reply he stated that he does not deem it unconstitutional and proceeded to promulgate it.

It is worth mentioning that this law was steamrollered through Parliament before the 2024 elections, and the FF Plus repeatedly and strongly condemned it.

The President did not consult with the GNU before signing the law. The FF Plus is convinced that it is unconstitutional, and will seriously jeopardise South Africa’s economy and stability.

One of the most important corner stones of a free market economic system is the right to private land and property ownership. This Bill comes down to nothing but expropriation without compensation, which jeopardises all proprietorship.

The Bill clearly stipulates that it applies to all movable as well as immovable property, such as intellectual copyright.

All South Africans as well as everyone in a democratic dispensation have the right to own property, and government has no right to expropriate it without compensation.

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