The Expropriation Act 13 of 2024, signed into law by President Ramaphosa on 23rd January, is either “a dangerous step towards the erosion of property rights, which will have dire economic consequences” or “a legislative cop-out by the African National Congress (ANC) [that] will not assist in resolving the tragedy of land restitution in this country…” Or perhaps it is neither of those things, but merely a fairly straightforward and – with one or two exceptions – well-considered statute dealing with the everyday question of when, and under what conditions, the state may compulsorily acquire property.

This Briefing Paper attempts to look beyond all the demagoguery and pearl-clutching that has accompanied the Act’s adoption, and analyse what it actually provides for, its constitutionality, whether or not it actually poses a serious risk to property rights, and whether – as some of its proponents claim – it opens the way to dealing decisively with the ‘land question’.

Paper by the Southern African Catholic Bishops’ Conference Parliamentary Liaison Office