Expropriation Act: what it really means for property rights

In general, the law is consistent with the provisions of the Constitution, including the right to equality, secured property rights and lawful, reasonable and procedurally fair administrative action.

- By Dr Sifiso Ntombela.

The Expropriation Act of 2024 was signed into law in January 2025. Since then, various views, at times distorted facts, have emerged, partly contributing to diplomatic tensions between South Africa and the US.

Although the Expropriation Act is not the sole reason, some believe it has significantly contributed to the US decision to impose 30% tariffs on goods originating from South Africa. The new law replaced the 50-year old Expropriation Act of 1975.

The 1975 Expropriation Act predated the Constitution of South Africa, which was only passed in 1996, and it had prescripts that were not consistent with the Constitution. Therefore, in the main, the new law was established to align with the Constitution and to provide for a legal framework that is transparent, fair and inclusive and to regulate the procedure of expropriation.

CHANGES IN THE ACT

Section 25 of the Constitution protects the right to own property by stating that no one may be deprived of property in terms of a law of general application, and no law may permit arbitrary deprivation of property. The new expropriation law upholds this constitutional guarantee, implying that farmers' rights to land are safeguarded as has been the case since 1994.