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.
South Africa’s ongoing joblessness crisis has two causes.
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.
In general, the Bill seeks to make it too easy for government to engage in expropriation in general, and must be beefed up with additional safeguards for the rights and interests of citizens and others who own property in South Africa.
Expropriation without compensation is offensive to constitutionalism, and should not be considered a valid route to a prosperous future.
The FMF has identified various provisions in the Expropriation Bill that fall foul of the imperatives of property rights and of the advancement of human rights and the Rule of Law. Where appropriate, we recommend rectification or removal from the final version of the Bill.
