ISSUE
Expropriation and confiscation
Government’s new approach to the lawful seizure of private property enables it to do so much easier than before, and potentially without paying compensation. The Expropriation Act in particular is one of the most pressing threats to freedom of enterprise and private property rights in South Africa. As such, it has unique potential to stand in the way of economic growth and investment. The FMF has long called for a more responsible, and less penal, approach to expropriation law.
GASLIGHTING
Newport Institute: “Gaslighting is a form of … manipulation in which the abuser attempts to sow … confusion … gaslighters are seeking to gain power and control … by distorting reality …”
EXPROPRIATION WITHOUT COMPENSATION
Sections 25(2) and (3) of the Constitution state that there must be “payment” of an “amount” of “just and equitable” compensation when property is expropriated.
Having failed to change the Constitution to make Expropriation Without Compensation (EWC) possible, President Ramaphosa has instead signed the Expropriation Act into law.
The Act makes provision for expropriation at the “just and equitable” compensation of … wait for it … “nil” i.e. you will be paid R0.00 for your property.
Government is playing with language to subvert the Constitution, and hoping you will play along.
2 + 2 = 5?
“Two plus two equals five” is a self-evident falsehood. The phrase has been in use since 1728 to question government policy and logic. It is best known from George Orwell’s 1949 dystopian novel, Nineteen Eighty-Four.
The populace questioning government policy and logic
Photo courtesy of Gail Day, 2025
FMF 2021 additional submission on Expropriation Bill
Since the Constitution’s public participation conditions have not been met, and since no compliant SEIA has been produced, we urge the Committee to refer the Bill back to the Department.
Temba A Nolutshungu and Eustace Davie appointed co-Presidents of the FMF
With a lifetime of service to liberty, Temba and Eustace are an example to us all.
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