COMMENTS ON THE DRAFT EXPROPRIATION BILL, 2019- Fanie Brink

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SUBMISSION TO THE DEPARTMENT OF PUBLIC WORKS - PRETORIA- Fanie Brink - Independent Agricultural Economist-

DRAFT EXPROPRIATION BILL, 2019- (As published in the Government Gazette of 21 December 2018, No. 42127)

1.1 The Bill
“To provide for the expropriation of property for a public purpose or in the public interest and to provide for matters connected therewith.”

The expropriation of agricultural land cannot be for a public purpose or in the public interest because it would only be "in order to redress the results of past racial discrimination,” and, therefore, it does not include the "public" but only that specific part of the population that was discriminated against in the past. It is not the same as the expropriation of land to build a road, for instance, which can be used to the benefit of every member of the public without permission, but expropriation of agricultural land will rather be only to the benefit of the lawful
owner and his/her family. Other members of the public cannot even enter the property without permission as the trespassing of the property of the owner is illegal, which is totally different from the use of a public road. The expropriation of agricultural land can also not be for a public purpose or in the public interest as it will be detrimental to the sustainable production of agricultural products, food security and economy growth. The question is whether the government has made any investigation to objectively determine all the possible consequences that the expropriation of land without compensation could have for the public ..................

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