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The DA in KwaZulu-Natal (KZN) is deeply concerned by the flawed process being embarked upon by the provincial Legislature when it comes to the crucial upcoming Expropriation Bill public hearings.

This after DA representatives in the National Council of Provinces and the KZN Legislature, Tim Brauteseth and Marlaine Nair, were advised only this week that the hearings would commence on 25 July, with public notices only going out on 20 July. To make matters worse, the six venues chosen for the hearings are all located in rural areas.

In bypassing urban areas, the KZN legislature is placing obstacles in the way of urban and business property owners to meaningfully participate in the public participation process. These issues have been raised with the Chairperson of the relevant portfolio committee in KZN (view here) yet no response has been forthcoming.

The Expropriation Bill presents legislation that is central to the preservation of private property in South Africa. This legislation further seeks to sneak the failed Expropriation Without Compensation project in through the legislative back door.

The bill seeks to allow the state to expropriate land, not only for the public good but also for public interest. It also makes provision for nil compensation for land used for investment or traditional purposes. The bill also places at risk the rights of traditional leaders to the lands they occupy under the Ngonyama Trust.

Of great concern to business interests, the bill also adopts the constitutional definition of property to include all property including intellectual and business rights.

This practice clashes directly with the recent Constitutional Court decision in South African Iron and Steel Institute and Others v Speaker of the National Assembly (NA) and Others. In this instance, the court found that the NA, NCOP and the provincial legislatures should create conditions conducive to the effective exercise of the right to participate in the law-making processes.

The court also found that a fundamental part of the public participation process is public access which “allows the public to be present when laws are debated and made”.

Given that the process being launched in KZN excludes a vast swathe of private and business property owners - who would want to contribute meaningfully in public participation - it is fundamentally flawed.

The DA is committed to fighting tirelessly to ensure that property rights in South Africa are protected from the whims of this corrupt ANC-run government.

Issued by Tim Brauteseth, MP/Marlaine Nair, MPL