To amend various laws under the administration of the Minister of Rural Development and Land Reform, so as to substitute certain obsolete definitions to ensure legal certainty; to effect certain consequential amendments in this regard; and to provide for matters connected therewith. BE IT ENACTED by the Parliament of the Republic of South Africa
To provide for the designation of certain land; to regulate the subdivision of such land and the settlement of persons thereon;_andto provide for matters connected therewith
To provide for the temporary protection of certain rights to and interests in land which are not otherwise adequately protected by law; and to provide for matters connected therewith
To consolidate and amend the laws in force in the Union relating to the registration of deeds…1. (I) There shall be deeds registries at Cape Town, Kingwilliamstown, Kimberley, Vryburg, Pietermaritzburg, Pretoria and Bloemfontein, each to serve its respective area as defined in the Second Schedule to this Act. The Rand townships registration office at Johannesburg, shall also be a deeds registry, but only in connection with the registration of documents relating to immovable property in any township in the area served thereby as defined in the said Schedule.
To provide for the expropriation of property for a public purpose or in the public
interest, subject to just and equitable compensation; and to provide for matters
connected therewith.
With the Minister of Public Works in attendance, the Deputy Minister gave a briefing on the Expropriation Bill (B4-2015). He said that expropriation is an essential mechanism for the state to acquire property in certain instances. Section 25 of the Constitution provides that property may be expropriated only in terms of general application and to that no law may permit arbitrary deprivation of property. The Constitution states that expropriation may occur only for a public purpose or in the public interest and subject to payment of compensation.
The Deputy Minister of Public Works, Mr Jeremy Cronin, briefed the Committee on the preliminary responses of the Department of Public Works (DPW) to the inputs received during the public hearings on the Expropriation Bill [B4- 2015]. However, the Department had been expecting that the Committee would finalise its report on those hearings and thus did not yet have a full written response. The DPW acknowledged that there were many useful points but had not accepted all input.
The Deputy Minister of Public Works continued to take Members through the comments made during the public hearings on the Expropriation Bill, indicating what comments had been made and whether the Department agreed with them or had other views. The Department had added to the Preamble to make it clear that section 34 of the Constitution provided that anyone had the right to approach the courts for resolution of a dispute. In relation to the definitions, there was discussion on whether the Bill should refer to both high courts and magistrates’ courts.
The Committee continued deliberations on the official list of committee proposed amendments to the Bill (A-list) accompanied by the B version which incorporated all the proposed amendments into the Bill. Chapter 4 on Intention to Expropriate and Expropriation of Property was completed.
The Deputy Minister of the Department of Rural Development and Land Reform (DRDLR), addressed the Committee on the motivation for the amendments to the Extension of security of tenure (land) Amendment Bill, saying the fundamental resolve was to overcome decades of hardship in South Africa. Its redress was not about obsolete political stories, but about the creation of just opportunities.
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