Johannesburg, Jan 25 South African President Cyril Ramaphosa has signed the Expropriation Bill into law, which allows public institutions to expropriate land in the public interest.
The Presidency said the signing of the bill was repealing the pre-democratic Expropriation Act of 1975.
"Section 25 of the Constitution recognises expropriation as an essential mechanism for the state to acquire someone's property for a public purpose or in the public interest, subject to just and equitable compensation being paid," the Presidency said in a statement.
The signing of the bill has been largely welcomed by various political parties including the African National Congress. However, the Democratic Alliance (DA), an opposition party, has said that it will challenge the decision in court.
"While the DA recognizes that the Constitution allows for acts of redress and restitution, we have serious reservations about the procedure as well as important substantive aspects of the bill. We are in discussions with our legal team to formulate our case," said Willie Aucamp, DA's member of parliament.
The bill stipulates that the government can only take property if it has tried and failed to reach a fair agreement with the owner. It would enable local, provincial and national state institutions to expropriate land for public use, Xinhua news agency.
"In terms of the law, an expropriating authority may not expropriate property arbitrarily or for a purpose other than a public purpose or in the public interest," the Presidency said, underlining that the government must negotiate with the property owner before taking it.
Describing the bill as "ground-breaking," Sihle Zikalala, deputy minister of public works and infrastructure, said that it would unlock land for socio-economic development. "This is the legislation that will take South Africa in reality on the path of economic transformation and inclusive economic growth," Zikalala added.
Sandile Swana, an independent political analyst, said that the bill is an elaboration of Section 25 and other related sections of the Constitution that deal with the expropriation of property in South Africa, which does not create new rights or take away any new rights.
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