On 23 January 2025, the President, Cyril Ramaphosa signed into law the Expropriation Bill which repeals the Expropriation Act of 1975 and sets out how land may be expropriated in the public interest for various reasons by organs of State.

Section 25 of the Constitution1 provides for expropriation as an essential mechanism for the state to acquire someone’s property for a public purpose or in the public interest, subject to compensation being paid.2

The Expropriation Act 13 of 2024 provides for the procedure on how expropriation of private property can be done for public purposes, subject to payment of compensation to the affected property owner/s. The Act seeks to address past injustices related to land dispossession, promote land reform, and facilitate public infrastructure development.

1 The Constitution of the Republic of South Africa, 1996.
2 www.gov.za (Accessed 07/02/2025)

Task:

Critically discuss the potential impact of the Expropriation Act 13 of 2024 on the land rights of property owners in South Africa, considering the balance between public interest and individual property rights; the compensation framework; the procedural fairness guaranteed by the Act; as well as any recommendations for the Act.

In your discussion, you must refer to other relevant case law, legislation, and academic authorities where applicable.

Answers to Above Questions on Law of Property

Answer 1

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