ARTICLE: DOES THE EXPROPRIATION BILL ALLOW THIRD PARTY TRANSFERS? REVISITING THE PUBLIC INTEREST

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The Expropriation Bill (the Bill) has been passed by the National Assembly and is currently on its way to the National Council of Provinces who may either accept the Bill as it is, or accept with changes, or even reject the Bill. Should it be accepted, then all that will remain will be the President’s signature and a date of commencement for there to be a new expropriation process.

But that is where things get interesting. According to the current version at clause 9(1)(a): “The effect of an expropriation of property is that the ownership of the property described in the notice of expropriation vests in the expropriating authority or in the person on whose behalf the property was expropriated…

This raises the obvious question: does the Expropriation Bill intend to permit third party transfers? In other words – can there be a legitimate public purpose that involves transferring property from one private party to another? The sort of third party transfer envisaged here should not be needed by the state or the third party for the building of infrastructure such as railway lines and ports. The property should also not be needed for the public to mainly benefit such as environmentally sensitive wetlands.

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M RATES CLEARANCE CERTIFICATES AND COUNCIL’S RIGHT TO RECOVER OLD DEBTS FROM THE NEW OWNER

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(Again – and hopefully now for the last time!)

This Newsflash deals with a Supreme Court of Appeal judgment that was handed down two weeks ago and deals with the burning question, whether a Municipality may continue to recover arrear rates and taxes as “a charge upon the land” (and in essence from a new owner of property) after transfer, where the property was sold by way of a forced sheriff auction.

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Good morning Adrianne

Thank you very much for your assistance and I think you are supposed to be the CEO of the Board. I will also forward you the emails I have been sending to the EAAB for our agents’ FFCs.

Thank you.

Kind regards

Phumzile

Expropriation Bill

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Courtesy: Institute of Directors Southern Africa – Contemporary Gazette Volume 11, Issue 2 : 9 February 2016

Version B of the Expropriation Bill 2015 has been published. Everyone who has property should be
aware of at least the following proposals:

Duties that apply to an expropriating authority

An expropriating authority:

(i) May not expropriate property (not defined despite reference to the Constitutional Right to
Property – not limited to immovable or tangible property) arbitrarily (not defined and as such
open to interpretation); 

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Land Holdings Bill

Pretoria – The Regulation of Land Holdings Bill, which restricts foreign ownership of land, will be presented to Cabinet for approval in the first semester of the year.

This emerged during Thursday’s State of the Nation Address (SONA), an annual address were the President addresses the nation and provides an assessment of the country’s domestic and foreign situation.

The Bill, which was first announced by President Zuma in his 2015 SONA, places a ceiling on land ownership at a maximum of 12000 hectares and would prohibit foreign nationals from owning land.

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