Streaming issues? Report here
John Maytham 2019 1500 BW John Maytham 2019 1500 BW
Afternoon Drive with John Maytham
15:00 - 18:00
volume_up
volume_mute

Up Next: The Money Show with Bruce Whitfield
See full line-up
Afternoon Drive with John Maytham
15:00 - 18:00
Home
arrow_forward
Politics

ANC slams proposal for courts to determine nil land compensation cases

27 January 2020 7:06 AM
Tags:
ANC
Land
Land expropriation bill
Land expropriation

The issue the ANC raises is contained in the amendment only explains Law professor Elmien Du Plessis at North Western University.

The ANC has just turned up the heat on the thorny topic of land expropriation again.

It was reported in the Sunday Times that the ANC NEC has given its blessing to a shift in policy that would see the ultimate decision-making powers handed to the Minister of Land Reform, and not the courts.

It is expected that ANC MPs will propose these changes and make the necessary amendments via the parliamentary process in the coming weeks, and could face resistance from the EFF.

The party's Mathole Motshekga is heading up an ad hoc committee to deal with the issue. And he explains that the need for this change is because courts have been hampering the land redistribution process.

The bill was gazetted in December 2019 and will go to the public hearing stage in February 2020.

Refilwe Moloto talks to Elmien Du Plessis, an expert in Land and Expropriation Law and associate professor at North West University.

I think this message was badly conveyed and Mathole Motshekga was the wrong messenger, being the chair of the ad hoc committee.

Professor Elmien Du Plessis, Faculty of Law, North Western University

She says this has created some confusion.

There was also some malicious contortion about what it actually means.

Professor Elmien Du Plessis, Faculty of Law, North Western University

She explains what expropriation actually means.

Expropriation is a very powerful and unique state power.

Professor Elmien Du Plessis, Faculty of Law, North Western University

The process is carried out according to very strict procedure and the consequence is just and equitable compensation must be paid, though in limited instances this can be nil, she says.

It is described by legislation which sets out the powers and how the powers must be exercised.

Professor Elmien Du Plessis, Faculty of Law, North Western University

The power lies with the executive and she says this is nothing new and ministers are bound by the existing legislation.

Land can be expropriated for a public purpose.

Currently, in terms of section 2 of the Expropriation Act, for example, the Minister of Public Works has the power to expropriate property, the Minister of transport can expropriate land to build a road.

Professor Elmien Du Plessis, Faculty of Law, North Western University

But here is where the conundrum comes in, she explains...

Already existing in the Constitution, in terms of Section 25 2 b, once the process has been carried out, any unhappy party involved may approach a court for a review.

This is quite a strong review power....the courts can either confirm the amount of compensation or they can make their own determination.

Professor Elmien Du Plessis, Faculty of Law, North Western University

And here is what is being amended...

Now, the amendment suggestion is that in the cases where nil compensation is payable, only the courts should be allowed to determine that.

Professor Elmien Du Plessis, Faculty of Law, North Western University

It is a new legal procedure, she emphasises, and this is what the ANC is challenging.

The ANC now says no, it also wants the nil compensation to follow the normal procedure.

Professor Elmien Du Plessis, Faculty of Law, North Western University

The ANC wants these cases to be determined by the executive and not the courts.

Saying the ANC wants to take away all the power of the courts in this regard is a wrong interpretation of Dr Motshekga was saying.

Professor Elmien Du Plessis, Faculty of Law, North Western University

The issue the ANC raises is contained in the amendment, but not those covered overall.

She does not believe Dr Motshekga claim that the courts are holding up land distribution is true.

He is wrong in that. They try and blame the courts nowadays.

Professor Elmien Du Plessis, Faculty of Law, North Western University

But, she says. like with the labour tenant case of 2019, the issues lie with administrative failure.

She does acknowledge that the court process is very long and costly.

The systemic issues in land reform need to be addressed, she concludes.

Listen to the interview below:


27 January 2020 7:06 AM
Tags:
ANC
Land
Land expropriation bill
Land expropriation

More from Politics

Kataza the baboon

City of Cape Town ordered Kataza's forced relocation, Cape Nature reveals

27 October 2020 8:58 AM

This was in a written affidavit filed by Cape Nature in Ryno Engelbrecht's court case against CoCT disputing the moving of Kataza.

Share this:
Read More arrow_forward

Lockdown levels South Africa Covid-19 coronavirus 123rf

'Another hard lockdown will cause even more state violence'

26 October 2020 6:27 PM

Futurist Graeme Codrington and economist Dick Forslund on how a 2nd hard lockdown and a 2nd Covid wave might affect our country.

Share this:
Read More arrow_forward

Cricket-ball-sport-123rfjpg

Cricket SA board quits, 'best news to come out of CSA in a long time'

26 October 2020 1:13 PM

New Frame cricket writer Lungani Zama opines on why he believes the resignation of CSA board bodes well for cricket's future.

Share this:
Read More arrow_forward

Khayelitsha Western Cape 123rf

Khayelitsha businesses and residents in the 'grip of a handful of thugs'

26 October 2020 12:20 PM

Khayelitsha Development Forum chair Ndithini Thyido says 'enough is enough' to these protection rackets targeting the community.

Share this:
Read More arrow_forward

Bantu Holomisa

Holomisa: CFO owes us an explanation over SANDF's alleged Covid-19 drug splurge

23 October 2020 5:06 PM

UDM leader Bantu Holomisa says South Africa needs answers after allegations that the SANDF blew R200-million on a Cuban Covid-19 treatment that's banned by health authorities.

Share this:
Read More arrow_forward

Medicine in vials and syringe Covid-19 123rf

DA says SANDF spending R200M on ineffective Covid-19 vaccine is 'like treason'

23 October 2020 1:27 PM

Democratic Alliance Defence Shadow Minister and member of the parliamentary committee on Defence Kobus Marais speaks out.

Share this:
Read More arrow_forward

Khusela Diko

Masuku and Diko to face ANC disciplinary committee over PPE scandal

22 October 2020 4:50 PM

The disciplinary committee is expected to decide the political fate of the two senior ANC members implicated in Covid-19 tender irregularities.

Share this:
Read More arrow_forward

Inside the Belly of the Beast

Angelo Agrizzi in 'serious' condition following heart attack

22 October 2020 12:39 PM

Agrizzi's lawyer has told Cape Talk that his client is being monitored closely after being resuscitated by hospital staff.

Share this:
Read More arrow_forward

golf-club-course-ball-golfer-field-123rf

Controversial Rondebosch Golf Club lease extended by City of Cape Town

22 October 2020 8:50 AM

Public Affairs Research Institute senior researcher Dr Federica Duca discusses the implications and impact of the lease extension.

Share this:
Read More arrow_forward

Mboweni

EFF gives Mboweni 7 days to reverse surprise appointment of controversial journo

21 October 2020 7:04 PM

Tito Mboweni posted a pic of a National Treasury team which includes Ranjeni Munusamy, a week before he delivers the MTBPS.

Share this:
Read More arrow_forward