The recent signing of the Expropriation Bill into law by President Cyril Ramaphosa marks a pivotal moment in South Africa’s ongoing land reform journey. The Expropriation Act 13 of 2024, which grants organs of state the authority to expropriate land in the public interest, has sparked widespread debate about its potential implications for property rights, economic stability, and social justice. 

Whether you are a business leader, policymaker, legal professional, academic, or engaged citizen, understanding the nuances of this legislation and staying informed about its progress is essential. Sabinet’s suite of services empowers users to navigate the complexities of the Expropriation Act, by equipping them with the legal information resources needed to make evidence-based decisions. 

The passage of the Expropriation Act 

In 2019, the Parliamentary Advisory Panel on Land Reform recommended scrapping the outdated Expropriation Act of 1975, which was deemed unconstitutional and inconsistent with Section 25 of the Constitution. This recommendation led to the introduction of the Expropriation Bill (B3-2020) by the Department of Public Works and Infrastructure in October 2020. After extensive public consultations, the National Assembly passed the Bill in September 2022, forwarding it to the National Council of Provinces for minor amendments. Parliament officially adopted the final version of the Bill on 27 March 2024, and it has now been signed into law by the President. 

The Expropriation Act formalises the state’s existing constitutional right to expropriate land for public purposes, a power already provided for in over 200 pieces of South African legislation. The Act introduces specific checks and balances, including extensive consultations with affected parties—such as landowners, financial institutions, and others with rights to the property —and a structured process for determining compensation, with disputes resolved by the courts. 

While the circumstances under which “nil” compensation would be applied remain unclear, the Act is expected to face significant legal scrutiny in its implementation. It is further important to note that the introduction of the Act is a separate process from the Constitutional Review Committee’s ongoing evaluation of Section 25 of the Constitution to provide for nil compensation.  

How Sabinet’s services can assist you 

Sabinet offers a range of tools through its Sabinet Discover platform, designed to help users navigate the complexities of the Expropriation Act and other legislative processes. 

Government and Provincial Gazettes 

Gain convenient access to the official gazetted version of the Act and empower yourself with timely and accurate government information. Sabinet’s advanced search tools save valuable time when locating specific articles or back issues of South African Gazettes. 

Bill Tracker and Parliamentary Documents 

Sabinet tracks every Bill from its first discussion in Parliament to its enactment, providing users with accurate, up-to-date information including: 

• Profiles, statuses, and histories of all Bills, including those still in process, those signed into law, and those passed but not yet enacted. 
• Access to related legislative developments, memoranda, speeches, and statements. 
• Links to documents at each stage of the approval process. 

National Legislation (NetLaw) 

Once a Bill is signed into law and becomes an Act, as has now occurred with the Expropriation Act, users can stay updated with timely information via Sabinet’s National Legislation (NetLaw) service. This proactive approach helps users to stay up to date with significant legislation and remain compliant with evolving legal requirements. Its intuitive search function simplifies navigating South African laws, helping users quickly access relevant legal texts to stay compliant with evolving regulations. 

NetLaw provides timeous updates on legislative changes and in doing so a consolidated version of the Act and its amendments, helping users track future amendments to the Expropriation Act and other critical laws. This service offers a structured and searchable database, allowing legal professionals, businesses, and researchers to easily access updated, consolidated versions of national legislation. With NetLaw, users can confidently stay ahead of legal developments, ensuring compliance and informed decision-making. 

Sabinet’s new NetLaw AI Research Assistant enhances the ability to navigate and understand legislation like the Expropriation Act with AI-driven search and explore capabilities. This intelligent tool streamlines legal research by quickly identifying relevant legislation, amendments, and related case law applicable to the user’s questions, saving users valuable time. It simplifies complex legal texts by providing structured summaries , making it easier for legal professionals, policymakers, and researchers to interpret legislative changes. By integrating this feature into NetLaw, Sabinet ensures that users stay ahead of evolving legal frameworks with accurate, up-to-date, and easily accessible legal information. 

Sabinet African Journals 

For deeper insights, Sabinet African Journals provides access to a wealth of academic research and articles contextualising the Expropriation Act within broader socio-economic and historical frameworks. The platform’s advanced search capabilities enable users to find targeted results across various disciplines, including law, business, social sciences, and agriculture. To find journal articles on specific pieces of South African legislation, or specific legislative provisions, use the advanced search function. For example, to find journal articles that have content relating to the Expropriation Act, use the search box on the platform. The search term “Expropriation Act” yields targeted results, spanning not only law journals but also articles from diverse fields such as business and finance, science and technology, agriculture, and the social sciences and humanities. 

The user will access the article on the Sabinet African Journals platform which is the journal specific platform with important features for journal article users. It is a user-friendly platform designed to enhance research efficiency. The service adheres to international journal standards and metrics, offering flexible business models tailored to meet the unique needs of subscribers. 

Sabinet’s integrated information services empower users to understand legislative changes and act proactively. By combining tools like Government Gazettes, Bill Tracker, National Legislation (NetLaw), and Sabinet African Journals, Sabinet ensures a comprehensive and user-friendly experience for users to search across all content. These services save time, enhance research efficiency, and enable informed decision-making in response to legislative developments. 

The broader context 

The Expropriation Act joins a growing list of contested laws signed into effect, including the National Health Insurance (NHI) and Basic Education Laws Amendment (BELA) Acts. Like these laws, the Expropriation Act will shape South Africa’s socio-economic landscape for years to come, making it vital to track and understand its implications. With Sabinet as your partner, navigating the complexities of such transformative legislation becomes manageable, ensuring you stay ahead in an ever-changing legal environment.