SA’s Expropriation Act Signed Into Law Amid Global Reactions and Debate
The signing of the Expropriation Bill follows a five-year process of extensive public consultation and parliamentary debate.

- Country:
- South Africa
South Africa’s long-awaited Expropriation Act was officially signed into law by President Cyril Ramaphosa, signaling a significant shift in how the country addresses historical land disparities and promotes equitable land distribution. The newly enacted legislation, which repeals the apartheid-era Expropriation Act of 1975, provides a clear legal framework for the state to expropriate land in the public interest, guided by the principles of just and equitable compensation as enshrined in the Constitution.
A New Chapter in Land Reform
The signing of the Expropriation Bill follows a five-year process of extensive public consultation and parliamentary debate. Section 25 of South Africa’s Constitution—often referred to as the “property clause”—allows for expropriation as a mechanism to advance land reform, provided that it is for a public purpose or in the public interest and is subject to fair compensation.
Honorary Professor of International Relations at the University of the Witwatersrand, Professor John Stremlau, described the act as a constitutional and measured approach to addressing historical injustices. “It reflects a longstanding asymmetry between white ownership of the majority of the land and black ownership confined to marginal areas. This legislation doesn’t call for abrupt changes; instead, it ensures due process and just compensation,” he said.
Global Response: Mixed Reactions and Economic Implications
While the act has been praised domestically for its alignment with constitutional principles, it has drawn international attention—particularly from the United States. Reports surfaced that former U.S. President Donald Trump opposed the move, with allegations that his administration was investigating potential “land confiscations.” This prompted concerns about U.S. aid, including PEPFAR funding, which supports approximately 17% of South Africa’s HIV/AIDS programs.
South African officials, however, were quick to clarify the scope and intent of the Expropriation Act. Public Works and Infrastructure Minister Dean Macpherson reiterated that the act is not a “confiscation instrument” but rather a legally mandated process overseen by the courts. “No one in South Africa will have their land arbitrarily taken away. The act ensures fairness and transparency, safeguarding property rights while addressing historic imbalances,” he stated.
Eminent Domain and Constitutional Safeguards
The concept of eminent domain—referred to in the U.S. Constitution’s Fifth Amendment—requires just compensation for property taken for public use. South Africa’s Expropriation Act follows similar principles, emphasizing that property cannot be expropriated arbitrarily or without a valid public purpose. As Professor Stremlau noted, “South Africa has the right of eminent domain to correct historical land inequalities. This is not about sudden land grabs; it’s a thoughtful approach to a deeply rooted issue.”
Looking Ahead: The Role of AGOA and Bilateral Relations
The Expropriation Act’s passage has raised questions about its potential impact on South Africa’s relationship with the U.S., particularly under trade frameworks like the African Growth and Opportunity Act (AGOA). While South Africa remains a key member of AGOA, which grants duty-free access to U.S. markets for certain African countries, there are concerns that political tensions could jeopardize this preferential trade status.
Professor Stremlau expressed hope that “cool heads will prevail” and that the U.S. Congress and South African officials will find common ground. “South Africa is a middle-income country, and while AGOA is primarily intended for poorer nations, South Africa’s inclusion has been a cornerstone of U.S.-Africa economic relations. It would be unfortunate for short-term disagreements to overshadow long-term cooperation,” he said.
A Measured Approach to Historical Injustices
Ultimately, the Expropriation Act represents a critical step in South Africa’s effort to address the legacy of apartheid and promote equitable land ownership. Government officials have assured stakeholders that the process will remain transparent, lawful, and consistent with constitutional safeguards.
As the country prepares for President Ramaphosa’s upcoming State of the Nation Address, the focus will remain on charting a sustainable path forward—one that balances the need for redress with economic stability and international partnerships. Professor Stremlau concluded, “Americans respect what South Africa is trying to do to overcome the legacy of apartheid. This legislation, done properly, can be a model for thoughtful land reform in a constitutional democracy.”
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