Institute of Race Relations slams unclear expropriation law

The Institute of Race Relations (IRR) calls on Public Works and Infrastructure Minister Dean Macpherson to disclose all state bodies empowered under the Expropriation Act.

The Expropriation Act allows property to be seized below market value, raising concerns about property rights in South Africa.

Makone Maja of the IRR says more than 400 state entities may already hold expropriation powers.

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IRR polling shows 68% of South Africans oppose the Expropriation Act.

The IRR will this week write to Macpherson, seeking clarity on how many public entities have been granted the power to expropriate property under the recently enacted Expropriation Act.

The act grants expropriating authorities broad powers to seize property, including land, homes, and business assets, potentially at below-market value. It provides limited legal recourse for owners to challenge such actions in court.

The IRR has raised concerns over the lack of transparency about the number of government bodies authorised to carry out expropriations.

Makone Maja, the IRR’s strategic engagements manager, said the law is unpopular among South Africans and poses a significant threat to property rights.

“Our polling conducted in March and April shows that 68% of registered voters oppose the Expropriation Act,” said Maja.

“The act is so broadly worded that all forms of property – including savings and pensions – are now vulnerable.”

According to the IRR, at least 426 public entities currently have the authority to expropriate property under the Act. However, the organisation believes the actual number may be closer to 1 000.

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“It is the height of policy recklessness for such vast powers to be granted to an unknown number of authorities,” said Maja.

“If the number is unclear, how can citizens have confidence that these powers will not be abused?”

The IRR argues that uncertainty around expropriation powers could undermine investment, economic growth and food security.

In its Blueprint for Growth policy series, the institute emphasises the importance of secure property rights as a foundation for economic empowerment.

Maja added that South Africa’s history of corruption and abuse of power makes the lack of oversight especially troubling.

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“We have seen how state power can be misused,” she said. “It is deeply irresponsible to empower a vast and unaccountable network of officials to take property without clear safeguards.

“The minister must urgently disclose which entities have been given this authority and explain how abuse will be prevented.”

The IRR has called on the government to publish a full list of authorised expropriating entities and to provide clarity on how the act will be implemented to protect constitutional property rights.
For more information, visit irr.org.za.