Land, Law, and Redress: South Africa’s New Expropriation Act and the Politics of Land Justice

Pretoria, South Africa — “This law is not about taking — it’s about correcting.”— Adv. Thuli Nkosi, legal advisor to Parliament’s Land Committee

South Africa's new Expropriation Act (2025) is expected to clarify the rules under which the Government can expropriate land, including under certain conditions without compensation. (Photo: Dominik Schall)

South Africa has passed a landmark Expropriation Act (2025) that updates the country’s legal framework for land acquisition — and reopens a complex national dialogue about justice, restitution, and the limits of state power.

The new law, signed by President Cyril Ramaphosa in May, clarifies the rules under which the government can expropriate land, including — controversially — under certain conditions without compensation. It replaces outdated apartheid-era statutes and aligns national legislation with provisions already embedded in the 2013 Constitution.

While hailed as a long-overdue tool to accelerate land reform, the Act has also sparked intense political debate — from farmers' unions and property investors to grassroots land justice movements and traditional leaders.

What the Act Actually Does

The 2025 Expropriation Act allows land to be acquired for public purposes or in the public interest, particularly for redistribution, restitution, and equitable access.

Critically, it outlines circumstances in which compensation may be zero — such as abandoned property, state-subsidized land left undeveloped, or land held purely for speculation. However, each case must follow a formal process and is subject to judicial oversight.

“This is not a free-for-all,” said Professor Sizwe Mthembu, constitutional law expert at the University of the Free State. “The courts remain the final arbiters. And no one loses land without due process.”

The law also requires that all expropriation proposals go through a process of public consultation, valuation, and review — balancing administrative efficiency with constitutional protections.

A Nation Still Unequal

Three decades after apartheid’s end, more than 70% of South Africa’s arable land remains in the hands of white owners, who make up less than 10% of the population. Previous land reform efforts — including restitution claims and willing-seller-willing-buyer schemes — have made limited progress.

In the township of Mamelodi, residents like Nomsa Moyo, a community activist, say delays in redistribution have deepened intergenerational poverty.

“We’ve waited years. People are still in shacks while land stands empty behind fences,” she said. “If this law helps change that, we welcome it.”

Fear, Finance, and the Fallout

Predictably, the Act has drawn fire from commercial agricultural groups and international investors. AgriSA, the country’s largest farming union, warned the law could dampen investment confidence, especially without clear guidelines on compensation.

Foreign embassies and ratings agencies have called for legal certainty and consistency in implementation.In response, Finance Minister Enoch Godongwana emphasized that the law would not be used “arbitrarily or recklessly” — and that the Treasury is developing a land acquisition fund to support purchases and minimize fiscal shocks.

Global Relevance

South Africa is not alone in navigating the politics of land expropriation. Brazil, India, and Kenya have all recently reviewed expropriation laws amid debates over equity, food security, and infrastructure.

“The question is not whether land redistribution is justified,” argues Fatou Bayo, legal fellow at the Centre for African Land Policy. “The question is how to do it transparently and constitutionally.”

For now, the Act represents a major step toward clarifying what has long been a grey legal zone — and, for many, toward fulfilling an unfulfilled promise.