Land Expropriation: Minister can veto price according to new draft bill | Land Portal | Securing Land Rights Through Open Data

The revised draft bill, which gives the minister of public works the power to accept or reject compensation offers made by the owners of land that has been identified for expropriation, was published in the Government Gazette on 21 December 2018 after it’s publication for further comment was approved by Cabinet on 5 December 2018.

“Interested persons may submit written submissions on the draft expropriation bill 2019 not later than 60 days from the date of publication of this notice,” Minister Thulas Nxesi said.

The revised bill states that land expropriation may not occur arbitrarily or for any reason other than the public purpose or public interest.

In addition, the revised bill will require that the ministry engage meaningfully in attempting to reach an agreement with the property owner for the acquisition thereof before expropriation is considered.

“A power to expropriate property may not be exercised unless the expropriating authority has without success attempted to reach an agreement with the owner or the holder of an unregistered right in property for the acquisition thereof on reasonable terms.”

The minister will need to show that the property is fit for purpose and identify registered and unregistered rights that exist to the property. In addition, a valuer must be dispatched to property, and the minister will need to consult with the relevant municipality.

Having done this, the minister will need to serve a notice of intention to expropriate the property to the identified rights holders ,after which the rights holders will have 30 days to object to the planned expropriation and indicate a claim amount that they deem to be “just and equitable compensation”.

Once the claim amount is submitted to the minister, they will have 20 days to inform the rights holders if the compensation amount has been accepted.

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