ActionSA Considers Legal Action as President Signs Expropriation Bill

ActionSA is considering legal action in response to President Ramaphosa’s enactment of the Expropriation Bill. We believe this is yet another example of the ANC’s relentless push for destructive policies, enabled by the ongoing capitulation of its GNU partners on critical matters that threaten the future of South Africa.

This latest chapter in the chronicles of a co-opted opposition, silenced by Cabinet perks, exposes a multi-party coalition of convenience where former opposition parties have abandoned their principles to become enablers of the very same failed ANC policies that voters decisively rejected in May 2024.

From the dangerously flawed National Health Insurance (NHI) scheme to the implementation of the controversial BELA Act, the continued entrenchment of failed BBBEE policies, and the expansion of an already bloated Cabinet, this government has come to represent the continuation of the very misgovernance that has brought South Africa to its knees.

Importantly, while the Bill repeals the outdated Expropriation Act of 1975 and establishes a framework aligned with our Constitution for property expropriation by state organs, its effectiveness hinges on genuine political will. Without such commitment, this legislative move risks being a mere formality, allowing the ANC to operate as though it governs unilaterally, especially given the blind compliance of its GNU partners.

ActionSA believes that land reform is crucial for addressing historical injustices and must be expedited responsibly to safeguard property rights and maintain investor confidence. Consequently, we oppose any constitutional amendments permitting expropriation without compensation and uphold the protection of private property rights as a fundamental economic tenet.

Importantly, while other parties assert that this bill does not compromise the willing buyer, willing seller doctrine, it ultimately allows the government to unilaterally set the price if an agreement cannot be reached.

Effective land reform is achievable within existing legislative and regulatory frameworks but necessitates dedicated political leadership committed to equitable ownership distribution. Properly managed, land reform is crucial to empower emerging black farmers and landowners, generate employment in the agricultural sector, and enhance food security. Regrettably, such political leadership does not exist in the current governing coalition.

To realise equitable land reform, ActionSA will:

1. Support legislative amendments proposed by the High-Level Panel on the Assessment of Key Legislation and the Acceleration of Fundamental Change.
2. Strengthen institutions responsible for land reform, such as the Land Claims Court, to expedite the process.
3. Oppose amendments to the Upgrading of Land Tenure Rights Act (ULTRA) that grant excessive discretion to the relevant Minister in approving land tenure conversions.
4. Conduct a comprehensive audit of state-owned land and property to identify underutilised assets and transfer ownership to qualified individuals.
5. Implement land reform initiatives that include knowledge and skills transfer to ensure new landowners can effectively manage and utilise their properties.
6. Prioritise urban land reform and access to affordable housing as part of a broader strategy to build an inclusive society.

ActionSA remains committed to responsible and equitable land reform that honours our Constitution and promotes the prosperity of all South Africans.

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