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COSATU Submission: Expropriation With Out Compensation (Section 25) 04 September 2018

This submission by COSATU highlights the urgent need for expropriation without compensation in South Africa, addressing historical injustices and promoting equitable access to land resources. It emphasizes reform to ensure security of tenure, advance land restitution, and expedite court processes. The document proposes amendments for expropriating abandoned, idle, and unfairly inflated land, targeting absentee landlords and discriminatory landowners. It also advocates for reformed legislation to facilitate land reform and enhance communal land tenure security.

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COSATU Submission: Expropriation With Out Compensation (Section 25) 04 September 2018

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  1. COSATU Submission: Expropriation With Out Compensation (Section 25)04 September 2018

  2. Introduction • Welcome national and parliamentary debate; • Landless crises: • Informal areas; • Farm workers and labour tenants; • Communal land tenure. • New and emerging farmers’ difficulties; • Pressured agricultural sector; and • Largest non-state employer. • Emotional volatility.

  3. Property and Land • Billions (Rands) spent since 1994 on land reform and housing; • Remaining racially skewed land and farm ownership; • Collapse of many new & emerging farmers; • Growth of informal areas; • Evictions of farm workers; and • Lack of communal land tenure security, especially women.

  4. Section 25 – Compels Government to • Advance land reform and restitution; • Provide security of rights and tenure to the dispossessed and those denied under apartheid; and • Property rights cannot block this broader transformational mandate.

  5. Section 25: Compensation • Current use of the property; • History of the acquisition and use of the property; • Market value of the property; • Extent of state investment and subsidy in improvement of the property; and • Property is not limited to land.

  6. Section 25: Compensation • Purpose of the expropriation; • Public interest includes the nation’s commitment to land reform, and to reforms to bring equitable access to all South Africa’s natural resources; • Failure to achieve land reform not the failure of the Constitution; and • Amend if constitutionally necessary for legal clarity.

  7. Expropriation Act • COSATU and business support for Act; • Extensive Nedlac and Parliamentary engagements and; • Unnecessary Parliamentary delays; • Correct legislative vehicle; • Reflects values and mandate of Constitution; and • Speeds up court processes and caters for Valuer General.

  8. Expropriation Act – Proposed Amendments for Expropriation With Out Compensation • Abandoned land; • Neglected land owned by absentee landlords; • Idle land that is needed for productive public use; • State owned land; and • Land occupied by labour tenants historically.

  9. Expropriation Act – Proposed Amendments for Expropriation With Out Compensation • Land who’s value has been unfairly inflated due to massive state investments there or nearby; • Land held to speculative ransom that is needed for productive use; and • Land offered by owner to state as a donation e.g. for land reform etc.

  10. Expropriation Act – Proposed Amendments for Expropriation With Out Compensation • Land expropriated during apartheid or colonial eras where market value was not paid to original owner and was not paid for by the current owner; and • Land who’s owner benefited from unfair discriminatory loan during apartheid era e.g. farmer given below market value loan now wanting market value compensation.

  11. Expropriation Act – Proposed Amendments for Expropriation With Out Compensation • Agricultural land above land holding limit thresholds support by the Minister for DAFF as envisaged in the Regulation of Land Holdings Bill.

  12. Related Delayed Land Reform Legislation • Extension of Security of Tenure Amendment Bill; • Regulation of Land Holding Bill; • Preservation and Development of Agricultural Land Bill; and • Communal Land Tenure Bill.

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