COMMISSION ON RESTITUTION OF LAND RIGHTS Restitution of

COMMISSION ON RESTITUTION OF LAND RIGHTS Restitution of Land Rights Amendment Bill Public Hearings, 25 and 26 August 2003, Cape Town

RESTITUTION OF LAND RIGHTS AMENDMENT BILL (RLRAB) (Expropriation) 1. PURPOSE OF THE BILL To empower the Minister of Land Affairs to purchase, acquire in any other manner or expropriate land, a portion of land or a right in land for the purposes of the restoration or award of such land, portion of land or rights in land to a claimant or for any other land reform purpose.

RESTITUTION OF LAND RIGHTS AMENDMENT BILL (RLRAB) (Expropriation) 2 WHY THE EXPROPRIATION AMENDMENT? To deal with the inadequacies of the current legislation: Section 35 (5 A) – no need to get agreement of all parties before expropriation. Ø Section 42 D(1)(d) – no need to get a Court Order before expropriation. Ø Expropriation Act, No. 63 of 1975 empowers only the Minister of Public Works to expropriate for a public purpose (roads, bridges, dams, schools, etc. ). The Amendment empowers the Minister of Land Affairs to expropriate for Land reform purposes. Ø Section 24(3) of the Constitution provides for expropriation for Land reform (public interest) purposes.

RESTITUTION OF LAND RIGHTS AMENDMENT BILL (RLRAB) (Expropriation Act 126 – PLA Act and ESTA] These pieces of legislation provide land for settlement purposes only and not Restitution.

RESTITUTION OF LAND RIGHTS AMENDMENT BILL (RLRAB) (Expropriation) • 1. 2. 3. CONSTITUTIONAL PROVISIONS FOR EXPROPRIATION Section 2(a) and (b): Property may be expropriated only in terms of law of general application. For a public purpose or in the public interest; and Subject to compensation, the amount of which and the time and manner of payment of which have either been agreed to by those affected or decided or approved by a court.

RESTITUTION OF LAND RIGHTS AMENDMENT BILL (RLRAB) (Expropriation) Section 3(a) to (e) q The amount of the compensation and the time and manner of payment must be just and equitable, reflecting an equitable balance between the public interest and the interest of those affected, having regard to all relevant circumstances, includingØ The current use of the property; Ø The history of the acquisition and use of the property; Ø The market value of the property; Ø The extent of direct state investment and subsidy in the acquisition and beneficial capital improvement of the property; and Ø The purpose of the expropriation.

RESTITUTION OF LAND RIGHTS AMENDMENT BILL (RLRAB) (Expropriation) 4. SECTION 35 (5 A) OF THE RESTITUTION OF LAND RIGHTS ACT, 22 OF 1994 q The Minister of Land Affairs has the powers pursuant to an order of the Court [S 35(1)], or an agreement in terms of Section 42 D, to expropriate land mutatis mutandis in accordance with the Expropriation Act of 1975. Ø The Expropriation Act of 1975 provides for expropriation for public purpose. In terms of Section 25(4) of the Constitution, land reform and therefore Restitution is in terms of public interest. Ø

RESTITUTION OF LAND RIGHTS AMENDMENT BILL (RLRAB) (Expropriation) Section 4(a) and (b) For the purposes of this section(a) the public interest includes the nation’s commitment to land reform, and to reforms to bring about equitable access to all South Africa’s natural resources; and (b) property is not limited to land.

RESTITUTION OF LAND RIGHTS AMENDMENT BILL (RLRAB) (Expropriation) 5. SECTION 42 D(1)(d) OF THE RESTITUTION OF LAND RIGHTS ACT q Power to the Minister of Land Affairs in case of certain agreements: Ø “the acquisition or expropriation by the State of such land, portion of land or other right to land, ”

RESTITUTION OF LAND RIGHTS AMENDMENT BILL (RLRAB) (Expropriation) (d). Process and Progress to date (RLRAB) Ø Call for comment from all interested parties made on 9 May 2003. (Gazette Notice 1331 No. 24823) Ø Comments received and evaluated of 20 June 2003. Ø Well attended Expropriation Amendment Bill Indaba at Burgerspark Hotel in Pretoria on 26 June 2003 discussed – comments. Ø Technical Team met with Deputy Minister to consider comments and inputs from Indaba, make final draft, submit to Cabinet.

RESTITUTION OF LAND RIGHTS AMENDMENT BILL (RLRAB) (Expropriation) (d). Process and Progress to date (RLRAB) Ø Call for comment from all interested parties made on 9 May 2003. (Gazette Notice 1331 No. 24823) Ø Comments received and evaluated of 20 June 2003. Ø Well attended Expropriation Amendment Bill Indaba at Burgerspark Hotel in Pretoria on 26 June 2003 discussed – comments. Ø Technical Team met with Deputy Minister to consider comments and inputs from Indaba, make final draft, submit to Cabinet.

RESTITUTION OF LAND RIGHTS AMENDMENT BILL (RLRAB) (Expropriation) Ø Bill endorsed by Cabinet and State Law Advisers. Ø Public Hearings by Portfolio Committee on Agriculture and Land Affairs planned for 25 and 26 August 2003.

RESTITUTION OF LAND RIGHTS AMENDMENT BILL (RLRAB) (Expropriation) Ø Ø Process and Progress to date (RLRAB) Call for comment from all interested parties made on 9 May 2003. (Gazette Notice 1331 No. 24823) Comments received and evaluated of 20 June 2003. Well attended Expropriation Amendment Bill Indaba at Burgerspark Hotel in Pretoria on 26 June 2003 discussed – comments. Technical Team met with Deputy Minister to consider comments and inputs from Indaba, make final draft, submit to Cabinet.

RESTITUTION OF LAND RIGHTS AMENDMENT BILL (RLRAB) (Expropriation) Ø Bill endorsed by Cabinet and State Law Advisers. Ø Public Hearings by Portfolio Committee on Agriculture and Land Affairs planned for 25 and 26 August 2003.

COMMISSION ON RESTITUTION OF LAND RIGHTS I THANK YOU Presented by: Mr. T T Gwanya Chief Land Claims Commissioner Private Bag X 833 PRETORIA 0001 Tel. (012) 312 9244 Fax: (012) 321 0428 E-mail: ttgwanya@dla. gov. za Website address www. land. pwv. gov. za