Expropriation Bill legal certainty for State

Thursday, June 9, 2016

Pretoria - The passing of the Expropriation Bill by Parliament provides legal certainty to the State to continue with the implementation of South Africa’s programme of radical socio-economic transformation to resolve the land question.

Minister in the Presidency for Planning, Monitoring and Evaluation, Jeff Radebe, on Thursday said the bill defines the administratively “just” process that any expropriating authority must follow.

The Minister was briefing the media on Thursday following Cabinet’s fortnightly meeting.

The bill and envisaged act provide for procedural efficiency, certainty and quicker expropriations in the public interest, including land restitution.

A person or community dispossessed of property over centuries is entitled, to the extent provided by this bill, to restitution of that property or to equitable redress.

“It also sets out the rules by which government can lay claim to land in the public interest and for public purposes. The bill follows the Bill of Rights and Property Clause criteria to be considered in the case of compensation for expropriation. It will also allow for property owners to be fairly and equitably compensated,” Minister Radebe said.

Once signed into law, the bill will repeal the Expropriation Act, 1975 (Act 63 of 1975).

In a statement on Wednesday, President Jacob Zuma’s office said the President has received the bill from the National Assembly for assent and signing into law.

The President’s office said it has received objections to the bill, and that “all matters are still being processed”.

The bill was voted for adoption in the National Assembly in May‚ despite several opposition parties voting against it. Opponents of the bill fear that it will be used to take over farms as part of land reforms.

Protecting copyright and performers

Meanwhile, the Copyright Amendment Bill and the Performers’ Protection Amendment Bill will be introduced into Parliament.

The Copyright Act, 1978 (Act 98 of 1978) and the Performers’ Protection Act, 1967 (Act 11 of 1967) are now outdated and do not deal with digital issues.

Introducing these bills to the National Assembly is aligned to the National Development Plan’s objectives of promoting innovation in pursuit of a knowledge based economy.

“The current policy revision is based on the need to align the Intellectual Property legislation with the digital era and developments at a multilateral level. This also secures a one-policy approach at national and international level from government,” said Minister Radebe. – SAnews.gov.za