'Rule of law to reign supreme' with new Expropriation Bill

He notes the current Expropriation Act predates the Constitution, making it 'imperative' to align the overarching legislation governing the expropriation of property to the values and provisions of the Constitution. 'The redrafting of the Expropriation Act will ensure consistency with the spirit and provisions of the Constitution dealing especially with equality, property rights, access to information and lawful, reasonable and procedurally fair administrative decision-making. The new Bill will consolidate current disparate pieces of legislation and processes of expropriation (about 150 of them) across all spheres of government.' Noting that under the draft law, expropriation has been extended 'from the narrow term of public purpose to include expropriations in the public interest', Radebe says the rule of law will reign supreme and government will be bound to act within the Constitution at all times: * The Bill makes provision for all affected parties to be notified of a contemplated expropriation, to afford such parties an opportunity to raise objections and make representations to the expropriating authority, before a decision to expropriate is taken. * It allows for the payment of just and equitable compensation to persons affected by expropriations with such compensation reflecting an equitable balance between the public interest and the interests of those affected. * The affected parties will be adequately compensated in cases where expropriation takes place. * Either one of the parties may approach a court to decide or approve the amount of compensation, or the time or manner of payment of such compensation. * Disputes emanating from expropriations are to be dealt with by the court 'having competent jurisdiction'. Full analysis on the SAnews site Draft Expropriation Bill (B - 2013)