1. COMMENTS ON EXPROPRIATION BILL
SUBMITTED ON BEHALF OF
FORESTRY SOUTH AFRICA

2. PRESENTATION OVERVIEW
Introduction
Powers of Investigation
Notices of Intention to Expropriate
Compensation
Claims for Compensation
Approval of Compensation by a Court
Conclusions

3. INTRODUCTION
Forestry South Africa accepts the need to create a legislative framework for expropriation consistent with the Constitution
FSA contends the Bill is objectionable mainly because of:
Failure to provide for expropriation that is procedurally fair
Denial of proper access to the courts
Bill infringes the rights to privacy and human dignity

4. POWERS OF INVESTIGATION
Clause 10: Investigation and gathering of information
No allowance for owner or holder to influence investigation and recommendations by a Board
Infringement of right to privacy and the right to human dignity
Norm: prior issue of a warrant by judicial authority

5. NOTICES OF INTENTION TO EXPROPRIATE
Clause 11(1): “If (EA) intends …”. Suggest “contemplates”
Period of 21 days too short + no condonation / extension
Only written objections and submissions
Consideration of objections and submissions
Negotiations without prejudice

6. COMPENSATION
Clause 15: determination of compensation by expropriating authority
Clause 24: approval of compensation by court
Approach in conflict with section 25(2) of Constitution
More than market value compensation

7. CLAIMS FOR COMPENSATION
Clause 17(3): Period of 21 days too short
Clause 18(1): Expropriating authority will face same difficulty with 21 day period
Condonation by administrative officials

8. APPROVAL OF COMPENSATION BY A COURT
Section 25(2)(b) of the Constitution
Decided or approved by a court
Interpret conjunctively as opposed to disjunctively
Bill limits courts to a review of the process
Access to the courts to determine compensation
Review model unconstitutional

9. CONCLUSIONS
Bill is unconstitutional in certain respects and defective in other respects
Bill ought to be amended to make provision for procedures which recognise and give effect to fundamental rights