Expropriation law not uniquely South African - Lamola

Monday, February 3, 2025
Minister Lamola.

Minister of International Relations and Cooperation, Ronald Lamola, has urged United States (US) President Donald Trump’s advisors to deepen their understanding of South Africa’s constitutionally guided and democratic policies as they investigate the Expropriation Act.

This follows reports that the US President has moved to halt future funding to South Africa as his administration investigates allegations of "land confiscation" - following President Ramaphosa’s assent of the Expropriation Act.

US funding to South Africa is related to PEPFAR (U.S. President’s Emergency Plan for AIDS Relief) Aid and constitutes some 17% of the country’s HIV/AIDS programme.

Lamola on Monday told SAnewsexpropriation laws are not unique to South Africa.

“We trust President Trump’s advisors will make use of the investigative period to attain a thorough understanding of South Africa's policies within the framework of a constitutional democracy. This approach will promote a well-informed viewpoint that values and recognises our nation's dedication to democratic ideals and governance. 

“It may become clear that our Expropriation Act is not exceptional, as many countries have similar legislation, commonly referred to as eminent domain in the United States and governed by various acts in the United Kingdom,” Lamola said.

On Monday morning, President Cyril Ramaphosa – through a statement issued by The Presidency – said the South African government is “looking forward to engaging” with their US counterparts on the matter.

“South Africa, like the United States of America and other countries, has always had expropriation laws that balance the need for public usage of land and the protection of rights of property owners.

“We look forward to engaging with the Trump administration over our land reform policy and issues of bilateral interest. We are certain that out of those engagements, we will share a better and common understanding over these matters,” the Presidency said.

Furthermore, the Presidency emphasised that the Act is “not a confiscation instrument, but a constitutionally mandated legal process that ensures public access to land in an equitable and just manner as guided by the Constitution”. 

The Expropriation Act states that property may not be expropriated arbitrarily or for a purpose other than a public purpose or in the public interest.

The Expropriation Act, which underwent a five-year public consultation process, was deliberated in Parliament, and is in line with the South African Constitution.

The Act repeals the Expropriation Act of 1975 and allows for the State to expropriate land in the public interest – subject to just and equitable compensation.  SAnews.gov.za