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Expropriation Bill 'unconstitutional', MPs told

Publish date: 29 July 2015
Issue Number: 3804
Diary: Legalbrief Today
Category: Labour

The Expropriation Bill is inconsistent with the Constitution, the Institute of Race Relations argued in Parliament yesterday when the Bill came before the Public Works Committee on the first of three days of discussions scheduled this week. The institute said it had not ruled out the possibility of challenging the Bill in the Constitutional Court, were it to be passed and enacted. The committee also heard inputs from Eskom, the Centre for Constitutional Rights and the Banking Association of SA, among others, notes a BDlive report. The Bill allows for the state to expropriate private property for public use or interest and makes room for compensation that is as low as 70% of market value. The institute’s head of policy research, Anthea Jeffery, said there was a misconception the Bill threatened only white people’s property rights. However, the proposed law also posed a potential threat to the livelihoods of those living on land owned by traditional leaders, she said. Deputy Public Works Minister Jeremy Cronin said Jeffery had misinterpreted much of the Bill’s content. ‘She says payment made could occur after expropriation at as little as 70% of market value. The clauses make it clear that market value is merely one of several factors. At least 80% of what is fair and equitable should be paid at the time of acquittal. Nobody will be left high and dry by an expropriation,’ Cronin said.

Full BDlive report

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