Expropriation Bill still keeps expropriation as a last resort
The ‘nil compensation’ clause does not replace just and equitable compensation but merely states that a court can determine that it is just and equitable to award nil compensation
At the beginning of October, the department of public works and infrastructure published the Expropriation Bill in the Government Gazette along with an explanatory memorandum. This procedure is required by the rules of the National Assembly before a bill is tabled in parliament by the executive.
The bill is required to set down a uniform process for all expropriations to take place, as well as a uniform means to calculate just and equitable compensation. These functions are currently performed by the Expropriation Act of 1975, but because the act pre-dates the constitution the prescribed process would likely no longer be considered administratively fair...