Macpherson Reaffirms Property Rights Amid Expropriation Act Clarifications at Mining Indaba

“The Expropriation Act sets out a clear legal framework under which expropriation may take place, always with due process and court oversight,” Macpherson stated.

Public Works and Infrastructure Minister Dean Macpherson has reiterated the government's stance on the Expropriation Act, emphasizing that no individual in South Africa will "have their land confiscated." His remarks come amid ongoing discussions on land reform and investment security.

"The Expropriation Act sets out a clear legal framework under which expropriation may take place, always with due process and court oversight," Macpherson stated.

Speaking on the sidelines of the Mining Indaba in Cape Town on Monday, Macpherson reassured investors and stakeholders that land grabs will never be permitted under the law.

"Section 25 of the Constitution enshrines property rights in the highest law of our country," he emphasized.

Ensuring Investor Confidence and Legal Certainty

Macpherson highlighted that the Government of National Unity (GNU) is committed to prioritizing the interests of South Africa while maintaining strong relationships with international partners.

"This government is committed to working with international partners, not against them, to ensure investor confidence remains strong.

"I am also committed to ensuring that this Act remains constitutional and that there will be no arbitrary land grabs by the State in South Africa.

"Property rights are not only about protecting investments but also about ensuring that the rule of law is upheld in all sectors of society," he affirmed.

Macpherson stressed the importance of infrastructure investment, citing global evidence that countries prioritizing infrastructure development have experienced significant economic growth.

"It has been proven globally that infrastructure investment is one of the most effective ways to drive a country's economic expansion and job growth.

"Countries that have prioritized strategic infrastructure development have seen direct increases in GDP, stronger industrial output, and greater employment opportunities. As the Government of National Unity, we have made this a priority," Macpherson stated.

Presidency's Position on Land Reform and US Engagement

On Monday morning, President Cyril Ramaphosa, through a statement issued by The Presidency, reaffirmed the South African government's readiness to engage with US counterparts on land reform matters.

"We look forward to engaging with the Trump administration over our land reform policy and issues of bilateral interest. We are certain that out of those engagements, we will share a better and common understanding over these matters," the statement read.

Furthermore, The Presidency emphasized that the Expropriation Act is "not a confiscation instrument, but a constitutionally mandated legal process that ensures public access to land in an equitable and just manner as guided by the Constitution."

Understanding the Expropriation Act's Legal Framework

The Expropriation Act clearly states that property may not be expropriated arbitrarily or for any purpose other than public use or in the public interest. The legislation, which underwent a rigorous five-year public consultation process before being passed in Parliament, aligns with the principles enshrined in the South African Constitution.

The Act, which replaces the outdated Expropriation Act of 1975, empowers the State to expropriate land in the public interest—while ensuring that property owners receive just and equitable compensation, as required by constitutional provisions.

Macpherson concluded by reaffirming the government's commitment to legal transparency and investor security, ensuring that land reform remains a structured and fair process within South Africa's democratic framework.