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Annelize Crosby, Head of Land Affairs at Agri SA, explains that expropriation per definition always entails payment or compensation. She adds that when one looks at international law, compensation is an essential element of the expropriation process.

In South Africa, there are currently two processes regarding expropriation underway. Crosby says that the first process entails amending the Constitution to clearly provide that expropriation without any compensation will be possible under certain circumstances.

The other process involves the new Expropriation Bill, which consists of sub-clauses that provide for the circumstances where the expropriating authorities will be able to take property at nil compensation.

Many South Africans, including agricultural organisations, have spoken out against the expropriation of land without compensation. Crosby says that Agri SA is one of those organisations that does not agree with it. She says that the organisation believes that expropriation of land without compensation will not solve the problem, “it’s not going to speed up land reform and it’s not going to make the process any cheaper. It’s not going to benefit anybody.”

When looking at the possible consequences, Crosby shares that a study that was done by economist, Dr Roelof Botha, shared that the South African economy might be negatively affected. This, if the country does decide to take the road of zero compensation.

She further adds that these negative economic consequences collate with the capital formation in the country’s economy which will be negatively impacted.

Meanwhile, public hearings have been held in provinces across the country where communities and organised agriculture organisations were given the platform to state their opinion.

Crosby says that there is no indication as to when or if expropriation of land without compensation will be signed into law as numerous processes need to be followed first.

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