Carol Nolan (Offaly, Independent)
Link to this: Individually | In context | Oireachtas source

185. To ask the Minister for Foreign Affairs and Trade if he is aware of a new law introduced in South Africa which allows the expropriation of land without compensation and due process; his views on this matter; if such a policy is in line with international human rights law; if he or his predecessor has had any interaction with the government of South Africa in this regard; and if he will make a statement on the matter. [8975/25]

Neale Richmond (Dublin Rathdown, Fine Gael)
Link to this: Individually | In context | Oireachtas source

An Expropriation Bill (Act 13 of 2024) was signed into South African law by President Cyril Ramaphosa on 23 January 2025. The Act repeals an earlier Expropriation Act (1975) and seeks to align the process of expropriation of property with the principles outlined in the 1996 South African Constitution, which recognises the right of the state to expropriate property for public purposes or in the public interest.

The Bill has been the subject of significant public consultation and parliamentary scrutiny in South Africa and was first published in its current form in 2020. It sets out the processes to expropriate land for public purposes or in the public interest. It provides that an expropriating authority may not expropriate property arbitrarily, and that the right to expropriate may only be exercised following unsuccessful attempts to reach agreement with owners on reasonable terms. It does not allow for expropriation without due process. There is a requirement within the Bill to provide just and equitable compensation and to follow the rule of law. Four specific circumstances where just and equitable compensation could be deemed to be nil are listed. The law allows for the mediation of disputes and recourse through the appropriate courts of law.

South Africa has a robust legal system and it is expected that certain aspects of the law, including its processes, constitutionality, and where it may intersect with South Africa’s obligations under international human rights law, will be challenged at the appropriate level, including the South African Constitutional Court. Through our Embassy in Pretoria, we are following closely all political developments in South Africa, and will continue to do so.