Government Staff Writer 1 Jun 2025
In a bold move that has sparked debates and concerns, Energy Minister Kgosientsho Ramokgopa revealed the government’s intention to utilize South Africa’s new Expropriation Act to acquire private land for public use. This latest strategy aims to secure land necessary for laying out crucial transmission infrastructure. The announcement aligns with similar initiatives expressed by key urban centers such as Johannesburg, where Mayor Dada Morere disclosed plans to leverage the Expropriation Act to repurpose derelict buildings in the city center.
Ramokgopa outlined ambitious plans for establishing transmission lines across various corridors in the coming decade, some of which traverse privately-owned properties. The government asserts its readiness to resort to expropriation if deemed vital for public interest, as Ramokgopa affirmed,
“If it comes to expropriation, we will do that. The law permits that.”
He also mentioned Public Works Minister Dean Macpherson’s role in endorsing such actions under the new legal framework.
The recent amendments to South Africa’s expropriation laws have stirred significant controversy both domestically and internationally since President Cyril Ramaphosa signed the Expropriation Act into law earlier this year. Particularly contentious is the provision of ‘nil compensation,’ a novel inclusion that has raised concerns about its constitutionality given existing property rights protections in Section 25 of the Constitution.
Public Works and Infrastructure Minister Dean Macpherson offered his perspective on the matter, diverging from his party’s staunch opposition stance on ‘nil compensation.’ Macpherson differentiated between ‘nil compensation’ and ‘zero compensation,’ arguing that offering no monetary recompense could still be equitable in certain scenarios. For instance, he cited cases where abandoned properties owing substantial debts could warrant nil compensation while inhabited farms might necessitate different considerations.
As South Africa faces the imperative task of laying over 14,000km of transmission lines costing around R440 billion within a decade, questions loom over how these projects will navigate potential expropriations under the controversial new legal framework. Legal experts foresee inevitable legal challenges ahead as interpretations and applications of ‘nil compensation’ unfold in real-world scenarios.
The clash of opinions within political circles underscores broader tensions surrounding land ownership and state intervention in property rights. With ongoing debates shaping public discourse and policy implementation, South Africa stands at a critical juncture where balancing development needs with constitutional safeguards remains paramount.
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