Expropriation and confiscation
Government is adopting a new approach to the lawful seizure of private property that enables it to do so much easier than before, and potentially without paying compensation. The Expropriation Bill 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.
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.
The Rule of Law requires compliance by the state with its obligations in international law which, whether deriving from treaty or international custom and practice, governs the conduct of nations.
EXPERTS ON THIS ISSUE