Expropriation Bill is unconstitutional

The new Expropriation Bill of 2015 was recently released by the minister of public works, Thulas Nxesi, and is due to be enacted into law this year. The 2015 Bill is just as unconstitutional as its predecessors of 2008 and 2013. It still gives the State the power to take ownership and possession of property of virtually any kind by notice to the owner – and without a prior court order confirming the constitutional validity of the expropriation.

The Bill also puts great pressure on expropriated owners to accept whatever amounts of compensation the State might offer. Particularly telling is a clause saying owners will be deemed to have accepted these amounts unless they sue for more within two months. Given the high cost of litigation, most people will be reluctant to risk this.

The Government claims the 2015 Bill will cure the constitutional defects in the current Expropriation Act of 1975, but this is simply not true. Mr. Nxesi’s Bill should thus be abandoned and replaced by a new amendment bill that is fully compliant with the Constitution. Such a bill can easily be crafted by amending the current Act in three key ways, as this issue of @Liberty explains.IRR_@Liberty_1-2015_-_4_March_2015 (1)

  • Nel

    Part of that GENOCIDE of white South Africans

    • Rooikop

      Not only that – also part of claiming more land for the state. The land does not get transferred to the new owners. They are instituting communism under our noses.

      • Craig

        100% correct. The Soviet famine of 1933 meant the deaths of millions and caused severe food insecurity throughout the USSR. This famine was implemented by the soviet regime which was led by Stalin through collective farming, landgrabbing, agricultural reform. Unlike the 1922 famine in Russia, information about the famine of 1933 was suppressed by the Soviet authorities.

        • Rooikop

          And here they have shown that they are willing to control the flow of information – firstly the jammer during opening of parliament and also now with the New Age newspaper withdrawing from the press ombudsman.

        • Guest

          Bolsheviks were almost all Jewish and a super-majority of members of the secret police, the infamous ChK, were Jewish Trotskists. These were the folks who butchered the Russian peasantry, the Russian nobility, the Russian intelligentsia, the Russian Orthodox clergy in what can only be considered a systematic campaign to exterminate any expression of the Russian culture. It was done through agriculture. The Afrikaners face the same problem with the same people today.

  • Henrietta

    What about the expropriation of mineral rights, a number of years ago? Was that not unconstitutional too? Our family lost hundreds of hectares of mineral rights

  • Granville Mckenzie

    Control the food you control the people, they will do anything to have the farms. The puppet masters are telling the ANC what to do!