Mediation continues in Ekurhuleni’s landmark land expropriation case
Insiders told this publication that the teams trying to resolve the dispute between the parties are mediating in good faith.
The mandatory court-directed mediation in the dispute over Ekurhuleni’s attempt to expropriate privately owned land in Boksburg without compensation continues.
Mediation in the city’s first case involving the contentious land expropriation without compensation for a housing programme commenced on October 31.
A follow-up session is expected later this month to narrow down the issues or reach a settlement.
Both parties are reportedly engaged in the process in good faith.
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The matter stems from the City of Ekurhuleni’s (CoE) 2019 decision to expropriate Portion 406 of the farm Driefontein 85-IR, a 33.6ha parcel of land the city intended to use for a township development.
The planned project aims to provide housing for approximately 2 000 poor and low-income families from Boksburg and surrounding areas.
In response to the expropriation notice, the landowners, Business Venture Investments 900, submitted a compensation claim of just over R30m, arguing that the amount would be just and equitable.
The city, however, rejected the claim and maintained that offering R0 constituted fair and equitable compensation in this case.
Despite several attempts to resolve their differences about the compensation, the parties could not reach an agreement, prompting the current court-directed mediation.
Adriaan van Niekerk, a director at MacRobert Attorneys representing the landowner, said that if mediation fails to produce a settlement, the matter is set to go to trial in February next year.
The landowner is not disputing the expropriation itself but is contesting the proposed nil compensation.
The case has drawn powerful reactions from several civil society organisations and political parties, including the Freedom Front Plus, which has condemned the move.
“This incident of expropriation in Ekurhuleni demonstrates that no privately owned land in South Africa is safe,” the party said in a statement.
The controversy follows President Cyril Ramaphosa signing into law the Expropriation Act, which enables the state to acquire property without compensation under certain conditions. Opposition parties such as the DA and IFP widely criticised the legislation.
Also Read: Battle over Ekurhuleni’s land expropriation without compensation enters mediation
