The GOOD Party on Friday called for Minister of Public Works and Infrastructure Dean Macpherson to resign if he does not sign the recently assented Expropriation Bill.
President Cyril Ramaphosa on Thursday signed into law the Bill, which repeals the pre-democratic-era Expropriation Act of 1975 and sets out how State institutions may expropriate land in the public interest.
The Bill was passed by the National Council of Provinces in March, having been adopted by the National Assembly in 2022.
The Bill is facing mixed reactions, with some opposition parties and civil society organisation AfriForum threatening legal action against the Bill.
GOOD secretary-general Brett Herron said his party was shocked to see on the X platform that Macpherson was against the Bill.
“… there will be no expropriation of private property without compensation on my watch. The guarantee of property rights under Section 25 of the Constitution is not up for debate and is non-negotiable,” Macpherson posted.
Herron explained that as the Minister, Macpherson was the custodian of the law.
“As the Minister he will be cited as a respondent in any legal challenge going forward. As a public office bearer, he does not have the luxury of exercising personal preferences. He has a responsibility to the people of South Africa to defend the law’s constitutionality.”
“…if he has a personal conflict and is unable to fulfil his duties, he must resign. If Minister Macpherson does not have the personal or political will to defend this constitutional right, he must resign,” he noted.
Herron highlighted that expropriating land without compensation was not new, adding that Section 25 of the Constitution provided for nil compensation in circumstances in which it was just and equitable.
“And the matter has been settled in law for over 20 years,” he said.
Herron maintained that critics of the Expropriation Bill were using a “dishonest and inflammatory” narrative for self-gain.
“This law does not allow for the arbitrary expropriation of land; it articulates the circumstances under which nil compensation would be just and equitable. Twenty-three years ago, the Constitutional Court ordered that, ‘No one may be deprived of property except in terms of law of general application, and no law may permit arbitrary deprivation of property’; we support the Expropriation Bill being signed into law,” he said.
Meanwhile, AfriForum called on Macpherson to refuse to be a co-signatory to what it termed the "contentious law".
“If the Minister undersigns the Expropriation Act’s proclamation, he will allow Ramaphosa and the African National Congress (ANC) to co-opt other parties in the Government of National Unity (GNU) to carry out the ANC’s destructive policies. This will make a complete mockery of the GNU,” stated AfriForum public relations head Ernst van Zyl.
Meanwhile, Public Works and Infrastructure Deputy Minister Sihle Zikalala described the signing of the Bill as “seminal and ground-breaking,” saying the Bill would take South Africa on the path of economic transformation and inclusive economic growth.
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