DID Presents View on the Expropriation Bill to Legislature

?DID Presents View on the Expropriation Bill to Legislature

This morning, the Department of Infrastructure Development (DID) presented a view on the Expropriation Bill B23B-2020 to the Portfolio Committee on Infrastructure Development and Property Management at the Gauteng Legislature. The DDG for Property Management, Neo Mosebo, the acting DDG Corporate Services, Wesley Jacobs and Chief Director, Legal Services Cornelia Noxaka made submissions and responded to the Portfolio Committee. The National Department of Public Works and Infrastructure (DPWI) also made representations to the Committee.

The Expropriation Bill was approved by the National Assembly on the 28 September 2022 however there are several processes remaining before it can be signed by the President and gazetted.?The trust of the DID presentation was on how this Bill?will affect the Gauteng Province (GPG) and details the Departments position as a custodian.?

The?Department of Infrastructure Development?is an Expropriating Authority empowered by the?Government Immovable Asset Management Act of 2007 and the Gauteng Land Administration Act 11 of 1996. An?Expropriating Authority is an organ of State empowered to expropriate property or to bring about the compulsory acquisition of property contemplated in section 2(3) for a public purpose or in the public?interest. The Department of Infrastructure Developments mandate applies to expropriation on behalf of the Gauteng Provincial Government??(GPG) with the exception of properties required by the Departments of Human Settlements and Roads and Transport for which they are the expropriating authority.

The Department of Infrastructure Development supports the Bill on several grounds. These include that the?Bill does not have a retrospective effect and therefore will not affect any notice that had already been delivered prior to its commencement unless the parties agree to apply the Act. The Bill?extends the right to expropriate to be in line with the Constitution as it is?for a public purpose or in the public interest.??Expropriation is not limited to land.?Ownership of the expropriated property vests in Government on the date of expropriation. The Bill clarifies the issue of compensation and what can be considered or excluded in the calculation thereof.??Additionally, it clarifies that expropriation can be without compensation which is in line with the limitations clause in the Constitution and sets out clear procedures to be followed which includes the inter-governmental consultative process.?