The Bill introduces instances where zero compensation could be paid for expropriated land. The Money Show interviews Bulelwa Mabasa from the Presidential Advisory Panel on Land Reform.
Motheo Khoaripe talks to Bulelwa Mabasa, member of the Presidential Advisory Panel on Land Reform.
– The thorny issue of land reform is under the spotlight again after the National Assembly’s adoption of the Expropriation Bill
– The Bill introduces five instances where nil compensation could be paid for expropriated land, something which is not accommodated in our Constitution
– Expropriation is not the be-all and end-all of land reform says Bulelwa Mabasa, and government also has other tools at its disposal
The Expropriation Bill was passed by the National Assembly last week,
Objections were recorded from the DA, EFF, IFP, Freedom Front Plus and African Christian Democratic Party.
The DA and Agri SA have said they would challenge the constitutionality of the Bill if it is signed into law in its current form.
The Money Show asks Bulelwa Mabasa, member of the Presidential Land Reform Advisory Panel, to explain the context of the controversy around the Bill.
In a nutshell, the Bill proposes making it possible for the government to appropriate land without compensation.
Given that this involves amending the Constitution – a process which has already failed – it’s unlikely the Bill in its present form will pass Constitutional must Mabasa says.
“What the Constitution envisages is that expropriation is possible, and it must be linked with compensation even if that compensation is below market value.”
Mabasa says the Bill basically tries to circumvent this fact.
It actually is at odds with the principle of subsidiarity, and administrative and constitutional law, which simply means that you can’t have primary legislation such as the Constitution being undermined by introducing secondary legislation that is at odds with the primary legislation.
Bulelwa Mabasa, Member – Presidential Advisory Panel on Land Reform
Mabasa says it’s important to understand that expropriation is “not the entire land reform project” in South Africa.
She cites examples of other tools the government has at its disposal to boost the land reform process.
It should be providing people with proper and secure land rights…. an introduction of a redistribution act that allows people to know what land is needed where, and who is it given to and for what purpose.
Bulelwa Mabasa, Member – Presidential Advisory Panel on Land Reform
The multiple issues of land reform have been identified… we have made certain recommendations. Expropriation is not the be-all and end-all… It is only one tool and government CAN use it in order to make land reform available, but it has to do so within a framework that makes it possible for land to be purchased at less than market value where required.
Bulelwa Mabasa, Member – Presidential Advisory Panel on Land Reform
The Expropriation Bill introduces five instances where nil compensation could be paid, including “speculative land” which is lying fallow, state-owned land not being used for its core purpose and land or buildings that have seemingly been abandoned.
Some of these cases are complex because South Africa has such a poor land rights record system Mabasa says.
She adds that race does not have to be indicated when a property is purchased.
My submission and my view is that the current framing of our Constitution allows for less than market value compensation, but it doesn’t allow for an out-and-out zero compensation regime.
Bulelwa Mabasa, Member – Presidential Advisory Panel on Land Reform
This article first appeared on CapeTalk : ‘Expropriation Bill in current form will not pass test of Constitution’ – expert
