As an open society debate is always welcomed and has ensured that we build a society where the voices of everyone are heard. The signing into law of the  Expropriation Act has evoked many responses, both within the country and further afield. 

Some of the responses have been far out of kilter with reality and have been misleading and not based on fact. Sensationalist rhetoric about land grabs or confiscation of land in the country are not true. Our land reform process is aimed at correcting centuries of land dispossession and will be carried out within the confines of the Constitution.

This assurance has been repeated several times by President Cyril Ramaphosa and throughout the consultative process of developing the Expropriation Act. During his reply to the State of the Nation address debate in Parliament in 2018, he said: “We cannot have a situation where we allow land grabs, because that is anarchy. We cannot have a situation of anarchy when we have proper constitutional means through which we can work to give land to our people.”

These powerful words still ring true as we work to address the historical injustice we inherited in 1994. Our commitment to live up to these ideals and principles of constitutional democracy is unwavering. Everything we are doing to address the legacy of our divided past, is in line with the Constitution and the respect for the human rights. 

The Expropriation Act recently signed into law is not a haphazard instrument to confiscate land. It also does not violate people’s rights. Rather, it is a critical instrument to achieve meaningful land redistribution and correct the wrongs caused by the Natives Land Act of 1913, which resulted in the mass dispossession of land and led to many people being trapped in a cycle of poverty and unemployment.

The Expropriation Act will ensure that the people of this country have access to land in an equitable and just manner. The Act prescribes how expropriation can be done and on what basis and that it is subject to just and equitable compensation. Expropriation may not be exercised unless the State has without success attempted to reach an agreement for an acquisition on reasonable terms. In the instance of expropriation, our Constitution requires agreement on the amount of compensation between the owner and the State. 

The Act is modelled on international best practice and has specific safeguards to ensure the rights of property owners are affirmed. This law is not unique to South Africa, other countries around the world have expropriation laws.

Furthermore, it has gone through an extensive public consultative process where thousands of ordinary South Africans were given the opportunity to express their opinions. It is also in line with the recommendations of the Presidential Advisory Panel on Land Reform, which was established to review research and suggest models for government to implement a fair and equitable land reform process. 

We understand that land is an emotional issue, we should however also appreciate that the struggle for democracy was about returning land to the people from whom it was taken. Therefore, as a sovereign state, we should be allowed to correct the injustices of our past the way we see fit and in line with the laws of the country. 

As government we are confident that the unfolding democratic process and inclusive approach on land reform will bring finality and allow us to move forward as a nation.  

As always, we will continue to listen to voices of everyone as we work together to ensure land reform that benefits all South Africans.

By Nomonde Mnukwa
Acting Director General: Government Communication and Information System