Government outlines land types to be expropriated without compensation

The presidential advisory committee has published its report on land expropriation without compensation.

The report makes allowances for the:

  • provision for the establishment of an integrated planning system’ which will be responsible for the planning and coordination of the land expropriation process
  • speedy distribution of land that is already owned by the government
  • speedy distribution of land that is “voluntary donated” from various sources such as churches, mining houses, and commercial farmers

The conditions for land expropriation without compensation include:

  • Where land is occupied or used by a labour tenant;
  • Where land is held for speculative purposes;
  • Where land is state-owned or owned by a state-owned entity;
  • Where the owner has abandoned the land;
  • Where the market value of the land is equivalent to or less than the present value of direct state investment or subsidy in the acquisition and beneficial capital improvement of the land
  • Hopelessly indebted land;
  • Land obtained through criminal activity;
  • Informal settlement areas;
  • Inner-city buildings with absentee landlords;
  • Land donations (as a form of EWC); and
  • Farm equity schemes.

Once the bill has been finalised it will be gazetted and undergo a full public consultation process.

This means that the earliest that land expropriation can be introduced is mid-2020. However, it will likely take much longer as the bill will face intense scrutiny from the opposition parties and members of the public.

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