On 21 December 2018, the Minister of Public Works published an invitation for interested parties to comment on the draft Expropriation Bill, 2019. SERI has considered the draft Bill and made a submission to the Minister in accordance with the public consultation process.

The Expropriation Bill is a welcome affirmation of the state’s role in unlocking land for developmental and redistributive purposes. However, SERI considers that more could be done to ensure that the Bill is situated within a more thoroughly worked-out programme of urban land reform that has appropriate regard to the wealth of already existing regulatory instruments and opportunities to use expropriation to facilitate pro-poor land reform.

SERI’s comments highlighted a number of gaps in the proposed in the draft Expropriation Bill.

SERI’s primary concerns relate to the exclusion of individuals from being able to initiate the expropriation process; limitations on the ability to expropriate state-owned land; the location of the draft Bill in relation to existing legislation; the expropriation of state-subsidised property for nil compensation; the limitations on the ability for citizens to monitor the implementation of the expropriation process; and the definition of “purely speculative purposes”.

  • Read the full submission here.
  • Read the draft Expropriation Bill here.
  • Read SERI's submission to Parliament on land expropriation here.
  • Read op-ed by SERI executive director, Stuart Wilson, on land expropriation here