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South Africa’s new land reform Bill and the expropriation debate
A new chapter in South Africa’s land reform debate
Land reform has always been one of South Africa’s most sensitive and emotionally charged issues. Now, the government is preparing to introduce another piece of legislation that could reshape how land is acquired for reform.
The Equitable Access to Land Bill is expected to be published for public comment in the coming months. It is designed to give practical, structured effect to section 25 of the Constitution, the section that governs property rights and sets out when expropriation may take place.
Importantly, this Bill is separate from the Expropriation Act 13 of 2024, which received presidential assent in January 2025. And that distinction matters.
What this new Bill is actually about
During a Portfolio Committee on Land Reform and Rural Development meeting held on 18 February, officials confirmed that both the policy and the draft Bill have already been developed. The draft has been submitted to the Office of the Chief State Law Advisor for a pre-certification opinion, which is expected in February 2026.
Once that opinion is received, the Bill will move through the necessary structures before being published for public comment.
According to the committee presentation, the Equitable Access to Land Bill aims to formalise land access planning, tighten beneficiary selection processes, and create a clear institutional framework to ensure land reform is implemented consistently.
In simple terms, it is not rewriting the rules of expropriation. Instead, it focuses specifically on how the state acquires land in the public interest for land reform purposes.
How it differs from the Expropriation Act
The Expropriation Act 13 of 2024 replaced the 1975 law and sparked intense public debate, particularly because it allows for expropriation with nil compensation in certain limited circumstances.
Advocate Sello Ramasala explained to the committee that the Equitable Access to Land Bill will not create a new expropriation regime. Land will still be expropriated under the Expropriation Act. However, the new Bill will provide a dedicated framework for land reform-driven expropriation.
Another key difference lies in authority. The Act vests the expropriation power primarily in the Public Works and Infrastructure Minister, who may act within the Act’s framework in relation to other organs of state. The Equitable Access to Land Bill, by contrast, deals with expropriation for a public purpose in general by the state, which includes multiple government departments.
This distinction may sound technical, but it clarifies who acts and under which legislative umbrella when land is acquired for reform.
Why nil compensation became such a flashpoint
Much of the public anxiety centres on the concept of nil compensation. The Expropriation Act makes a legal distinction between expropriation for a public purpose and expropriation in the public interest.
“Public purpose” refers to specific public uses such as roads, schools, dams, or energy infrastructure. In these cases, nil compensation is not an option.
Public interest is broader and includes land reform and equitable access to natural resources as part of addressing historical racial injustice. It is only in this context, and only after considering all relevant circumstances, that nil compensation may be regarded as just and equitable.
Legal experts have stressed that this is not a blanket rule. Courts or the expropriating authority must weigh all circumstances to ensure fairness.
Despite these limitations, the Act has faced sustained scrutiny. Civil rights organisation AfriForum has filed a challenge in the North Gauteng High Court, arguing that parts of the Act threaten constitutional property rights and contain contradictions. The matter is expected to be heard in 2026, although a final hearing date has not been publicly confirmed.
A debate far from over
In Joburg and across the country, land reform remains deeply personal. For some, it represents long-overdue justice. For others, it raises fears about investment security and economic stability. Social media discussions regularly swing between these two poles, reflecting the broader national tension.
The Equitable Access to Land Bill enters this already heated space. By focusing specifically on land reform processes and implementation standards, the government appears to be trying to create clearer administrative guardrails.
Whether that reassurance will be enough is another question entirely.
With public comment expected once the pre-certification process concludes, South Africans will soon have another opportunity to weigh in. In a country where land remains intertwined with identity, history, and opportunity, this conversation is unlikely to quieten anytime soon.
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Source: Daily Investor
Featured Image: Polity.org.za
