South Africa Proposes New Expropriation Law

The South African Ministry of Public Works and Infrastructure published and presented the Expropriation Bill to Parliament in October 2020. The 2020 Expropriation Bill provides the much needed update to the old Expropriation Act 63 of 1975, and ensures alignment to the current South African Constitution. The objectives of the 2020 Expropriation Bill is to provide for the expropriation of property for a public purpose or in the public interest. The 2020 Expropriation Bill also introduces new sections to provide for certain instances where expropriation with no compensation may be appropriate in the public interest. According to the 2020 Expropriation Bill property is not limited to land only. The Expropriation Bill is unlikely to be finalized in 2020 because there are several lengthy processes still to be undertaken. The impact of the Expropriation Bill to the agriculture sector and U.S. agricultural trade is still uncertain.

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