ARTICLE · 18 NOVEMBER 2020

South Africa's Expropriation Bill, 2020

Volterra Fietta

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On 9 October 2020, the Government of South Africa published a draft Expropriation Bill, 2020 in its Gazette.

South AfricaGovernment, Public Sector

Robert G. Volterra

On 9 October 2020, the Government of South Africa published a draft Expropriation Bill, 2020 in its Gazette. The draft Bill is part of a process, including a constitutional amendment, that is intended to introduce the concept of expropriation without compensation into South Africa's legal system. In particular circumstances, the application of the provisions of this draft Bill might conflict with South Africa's commitments to international investors under its remaining investment protection treaties as well as the State's obligations under customary international law.

Background to the Bill

According to South Africa's Deputy President David Mabuza, the draft Bill's purpose is to "to address the injustices of the past and restore land rights in a responsible manner, whilst ensuring that food security is maintained; that equitable spatial justice is achieved; and that continuation of investment to expand our industrial base is secured". The draft Bill has not

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