Image Credits: Gallo Images / Sowetan / Sandile Ndlovu
The Gauteng government is about to expropriate unused privately-owned land with the intention to re-purpose it for residential, agricultural and industrial use, and all this can be carried out with out compensation.
This was revealed by the province’s Premier, David Makhura who – in an interview with Information24 – mentioned they’ve moved to take a look at the Constitution on land expropriation with out compensation as a substitute of ready for Parliamentary processes to run due course.
“There are tracts of land, others just being used for speculation, other land parcels have been abandoned by landlords living overseas waiting for one day to sell the land to developers at huge profits,” he mentioned.
“We can expropriate land without compensation with immediate effect to test the Constitution. Those that say the Constitution does allow expropriation for public purposes, this is the time.”
According to Makhura, all municipalities have been requested to adjust to the audit of privately owned land.
“They may not agree to expropriation of particular land parcels, but they are under tremendous pressure. People need housing; people need access to land,” he mentioned.
His feedback come after the ANC’s inaugural land summit, the place it was determined that it was not needed to amend the Constitution on land expropriation and all nationwide and provincial governments had been urged to take a look at Section 25.
What the Constitution says about land expropriation
Presently, the Constitution states that any land expropriation could be topic to compensation, with buy-in from all affected events.
25: (2) Property could also be expropriated solely by way of regulation of common utility –
(a) for a public function or within the public curiosity; and
(b) topic to compensation, the quantity of which and the time and method of cost of which have both been agreed to by these affected or determined or authorized by a courtroom.
25: (3) The quantity of the compensation and the time and method of cost should be simply and equitable, reflecting an equitable steadiness between the general public curiosity and the pursuits of these affected, having regard to all related circumstances, together with –
(a) the present use of the property;
(b) the historical past of the acquisition and use of the property;
(c) the market worth of the property;
(d) the extent of direct state funding and subsidy within the acquisition and helpful capital enchancment of the property; and
(e) the aim of the expropriation.
Read: Land expropriation and land reform: What’s the distinction?