Just how many state authorities are empowered by the Expropriation Act to expropriate property below market value?
This is the question the Institute of Race Relations (IRR) is putting this week to Minister of Public Works and Infrastructure Dean Macpherson, who is the minister responsible for the law.
In a statement, the IRR points out that the Act “grants sweeping powers to expropriating authorities to expropriate any form of property below market value”, yet “offers weak and contradictory measures to property owners to protect their rights through the courts”.
Yet, just how many authorities in South Africa are granted expropriating powers by the Act “is unclear”. By IRR calculations, the number could exceed 400.
Says Makone Maja, IRR Strategic Engagements Manager: “The Expropriation Act is an unpopular piece of legislation. IRR opinion polling in March and April this year found that 68% of registered voters oppose the Act. It’s easy to understand why. The Act contradicts the Constitution’s compensation guarantee. Since that constitutional guarantee applies to every form of property, if the Act were enforced in a manner that set a precedent that violates the guarantee, this would threaten all forms of property in South Africa. From homes to farms to business to savings to pensions, all forms of property are, in terms of the Act, vulnerable to expropriation. And yet there seems to be no clarity from the government on the exact number of entities the law empowers to confiscate property on astonishingly flimsy grounds.”
As illustrated in the IRR’s flagship Blueprint for Growth series, property rights “are a vital means of economic participation and empowerment only if they are secure. Weaken the certainty with which people can own what’s lawfully theirs and the knock-on consequences range from undermining food security to wiping out pensions and savings.”
Says Maja: “It is the height of policy recklessness for this door of vast state power to be opened to an unknown number of expropriating authorities. If the number of these authorities is unknown, how can South Africans have any trust that the sweeping expropriating powers granted by the Act won’t be abused?
“We have all heard the horror stories of extortion by state officials – from kickback mafias to corruption. We are a country familiar with the disgusting abuse of state power. The Expropriation Act empowers a vast expropriation network at all levels of the state. The IRR has thus far tallied at least 426 such authorities, yet the number might rise to close to a thousand. This is a terrifying prospect. The Minister has a duty to provide urgent clarity on this matter.”
[Images: https://commons.m.wikimedia.org/wiki/File:Dean_Macpherson_2024.jpg]