Die Onteieningswet is op 21 Desember 2018 in die staatskoerant gepubliseer vir kommentaar voor of op 19 Februarie 2019. Die “wet” word so terloops voor die einde van die jaar gepubliseer, vir wat dit ookal mag werd wees, veral noudat almal met vakansie is/gaan. Aangesien vorige besware teen die beoogde verandering van die wetgewing nie in ag geneem is nie, gaan die ANC eenvoudig voort soos dit hulle nog altyd behaag.
The Minister of Public Works has called for public comment on the controversial Expropriation Bill published on Friday 21 December 2018. The Bill spells out in detail how land expropriation will work, detailing how valuation should be done, how disputes should be settled, and how money should be paid. The Expropriation Bill also specifically holds that “it may be just and equitable for nil compensation to be paid where land is expropriated in the public interest”.
Support or object to the Bill by providing comment below. Should you be unsure, please read the live comments, media, summary or documents below.
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Closing date is midnight 19 February 2019. The “BILL” https://dearsouthafrica.co.za/wp-content/uploads/2018/12/42127_21-12_NationalGovernment_116-176.pdf
The Minister of Public Works Thulas Nxesi has published the latest version of the Expropriation Bill for public comment the morning. Spelling out how expropriation will work, the Bill specifies five different kinds of property that could justly be expropriated without compensation. The Bill also clarifies the proposed strategy for how valuation will be done, how disputes will be settled and how funds will be paid. The Bill reveals that no property may be expropriated autocratically, in other words by random or personal whim. Here are the five kinds of property the new Bill states could be subject to expropriation without compensation:
No compensation has been deemed just ‘where the owner of the land has abandoned the land’ but only in certain situations.
No compensation can be justified ‘where the land is owned by a state-owned corporation or other state-owned entity’. Over 700 state entities in the country include many with large land holdings surrounding it’s various facilities.
Land held for speculative purposes
Expropriation without compensation will be appropriate ‘ where the land is held for purely speculative purposes’.
Property where the state has invested more than its value
No compensation will be considered where the market value of the land is less the the amount of ‘direct state investment or subsidy’ either spent on procurement or on capital improvements.
Farms with labour tenants
Where the land is occupied or used by labour tenants as possible qualifiers for no compensation. These tenants are denied as individuals who live or have the right to live on a farm. The Bill made provision for partial expropriation, which could possibly be used to expropriate only portions of farms. Those affected by partial expropriation also have a mechanism which allows them to ask for the entire property to be expropriated instead.