While the DA fully supports Land Reform and Restitution, land reform in South Africa has failed as a result of corruption and maladministration and the Expropriation Bill is not the answer to this problem.
Private property rights are the cornerstone of any democracy and Constitutional democracy exists where the rights of the individual are of greater value than the rights of the State.
The Expropriation Bill creates a situation where the rights of the state carry far more weight than that of the individual.
The DA’s concerns around this proposed Bill include;
• The Bill provides for Expropriation for public good or interest, with the result that government can arbitrarily decide what constitutes public good or interest;
• The Bill adopts the constitutional definition of property to include intellectual property which means that expropriation may go way beyond land and buildings;
• The Bill provides for nil compensation for expropriated property which leaves property owners in the lurch in terms of outstanding bank loans, rates and utilities;
• The transfer of expropriated property can still proceed as normal, even if there are delays in compensation, despite the effect on those waiting to be reimbursed. This puts the property owner at a distinct disadvantage and;
• Property valuation is a concern. There is no clarity regarding valuers’ qualifications or even whether important factors such as relocation costs would be considered.
Despite this being crucial legislation and relating to the protection of private property rights, the majority of public hearings in KZN were held away from urban areas, discouraging maximum public participation. Residents of the province’s only metro, eThekwini, were required to travel to Pietermaritzburg to voice their concerns.
Equally, despite the majority of land in KZN belonging to the Ingonyama Trust, there has been virtually no input on the Bill by traditional leaders.
There was supposed to have been a special engagement with them but nothing was arranged. This shows that processes were rushed and not fully complete. The question is: How can a final mandate on this Bill be conveyed without having engaged with KZN’s largest landowners?
It is clear that this legislation seeks to sneak the “failed expropriation without compensation project” through the legislative back door.
The DA cannot support a Bill that is wholly in favour of the state and infringes on individuals’ rights. We therefore reject the proposed Bill.