The dark heart of South Africa’s Expropriation Act – The Spectator

Andrew Kenny

Cape Town

How damaging will South Africa’s Expropriation Act be? The legislation, which allows the state to seize private property without compensation, was signed late last month by President Cyril Ramaphosa. The act is consistent with the Marxist ideology of the South African Communist party, an ally of the ruling African National Congress (ANC). It’s claimed it will ‘redress the results of past racial discrimination’ and ‘undo the legacy of apartheid’ (among other platitudes). The reality, however, is that this legislation will likely do nothing to help the country’s majority black population who live in grinding poverty. There is nothing in the act to stop it instead being used by the small ruling elite to enrich themselves, just as happened in Robert Mugabe’s Zimbabwe.
The ANC argues that the act, like the innumerable racial laws it has passed (South Africa now has more racial laws than it did under apartheid), is to rectify the historical injustices of white rule. Politicians and the commentariat in South Africa seem to have blindly bought into this narrative. With few exceptions, the consensus is that the act is nothing to worry about and there are adequate safeguards. Anyone who believes this must not have read the details. The act gives some bland examples of when property can be seized without compensation – but it makes it very clear that it is not limited to these examples. The truth is that the act’s reach is unlimited and there are no safeguards. Any private property can be seized without compensation, provided only that it is ‘in the public interest’.
Andrew Kenny

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