30 May 2023
by Vida Booysen
Farmers of today cannot be held solely responsible for historical events, nor can they bear the burden of disproportionate expropriation alone.
It should be a joint responsibility, said Free State Agriculture in its presentation during the public hearing about the expropriation bill in Bethlehem. Free State Agriculture also asks that the full costs of the expropriation be borne by the state.
Public hearings are being held this week and next week by the National Council of Provinces in the Free State regarding the expropriation bill, which provides for zero compensation for a property.
“The proposed legislation is not only unfair but in the current circumstances also irrational and irresponsible. South Africa urgently needs investments, economic growth, job creation, poverty alleviation and the creation of a fair and equitable society,” said Dr Jack Armour, Operations Manager of Free State Agriculture. He believes the bill could have a detrimental effect on investor confidence and hinder economic growth.
Free State Agriculture also does not support the definition of expropriation in the bill. “The danger of a narrow definition, such as the one in the current proposal in the bill, is that it opens the door to all kinds of governmental actions for the acquisition of property rights without compensation, even on behalf of third parties.”
The emphasis should be on the loss suffered by the owners, not on the acquisition by state institutions, Dr Armour said.
Drop the definition
“Our view is that the definition should be dropped. That will allow the courts to deal with each case based on merits. Alternatively, the definition should be broad enough to include all forms of expropriation that are internationally recognised.”
Free State Agriculture further argues that if and when expropriation can be justified, it should be seen by all as a fair and transparent process, and protective measures should be introduced to prevent abuses of power. Landowners should receive prompt, adequate and efficient compensation that enables them to start anew. They should not be worse off because of the expropriation. “That is why Free State Agriculture and our members cannot support the expropriation bill in its current form,” said Dr Armour.
In 2021, the government could not get the required two-thirds majority support in the national assembly to amend section 25 of the Constitution to expressly allow expropriation without compensation. The expropriation bill was subsequently drawn up by the Department of Public Works and Infrastructure. It still needs to be approved by the National Council of Provinces before President Cyril Ramaphosa can ratify it.
