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.

The Department produced a Working Draft of the Bill that incorporated all the proposed amendments previously made by the Committee. The Deputy Minister indicated that the Department had introduced the definition of “disputing party” in clause 1, which indicated that the “ disputing party includes an owner, holder of an unregistered right, expropriated owner or expropriated holder that does not accept the amount of compensation offered in terms of clause 14(1)”.

The Committee considered the official list of proposed amendments to the Bill (the A-list) accompanied by the B version of the Bill incorporating all the proposed amendments into the Bill.

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 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 South African Institute of Race Relations said the Bill made it difficult for the compensation amount to be decided by a court, and the Bill did not allow the courts to examine and rule on the validity of the expropriation. The Bill tried to limit how often people could go to court about the amount of compensation. The IRR argued that 60 days was not enough time for the claimant to institute legal proceedings for the determination of the compensation, this should be extended to 180 days. Compensation should include damages for additional losses.

The Committee continued with deliberations on the official list of proposed amendments to the Bill (A-list) accompanied by the B version of the Bill incorporating all the proposed amendments into the Bill. A DA member pointed out that the factors that had been highlighted in clause 12(1)(a), (b), (c), (d) and (e) had no direct monetary value and it was difficult to see how these factors would affect the compensation. There was a proposal that the Department should add a clause 12(2)(g) that would focus on the actual financial loss that had been incurred by the expropriated owner.

To provide for the upgrading and conversion into ownership of certain rights granted in respect land; for the transfer of tribal land in full ownership to tribes; and for matters connected therewith.
(Afrikaans text signed by the State President.)
(Assented to 27 June 1991.)
BE IT ENACTED by the State President and the Parliament of the Republic of South Africa, as follows:

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

The Committee met to deal with the two proposed amendments that had been made by the National Council of Provinces (NCOP) on the Expropriation Bill [B4B-2015]. The first amendment aimed to increase the number of days in which the municipal manager must inform the expropriating authority, in writing, of charges from 20 days to 30 days, if land which had been expropriated is subject to municipal rates.

Policy Statemen the amount f compensation to be paid to a Claimant (that has opted for restitution in the form of financial compensation) that is entitled to restitution shall be determined in accordance with this policy, read the Restitution Act. This policy replaces prior policies on the determination of financial compensation.

To provide for the restitution of rights in land to persons or communities dispossessed of such rights after 19 June 1913 as a result of past racially discriminatory laws or practices; to establish a Commission on Restitution of Land
Rights and a Land Claims Court; and to provide for matters connected therewith.
[Long title substituted by s. 31 of Act 63/97]