Quick facts: The Expropriation Act 13 of 2024 was signed into law in January 2025, replacing the apartheid-era Expropriation Act of 1975. It lets the state expropriate property for a public purpose or in the public interest — and, in limited circumstances, with "nil" (zero) compensation. Compensation must still be "just and equitable" under section 25 of the Constitution, and property owners can challenge expropriations in court. As of 2026, parts of the Act are being challenged in the Western Cape High Court.

Few laws have caused as much debate — and as much confusion — as South Africa's new Expropriation Act. Social media posts claim the government "can now take any land without paying", while others say "nothing has changed". Neither is true. This guide explains what the Act actually says, what "expropriation without compensation" means, who is affected, and what your rights are.

What is the Expropriation Act 13 of 2024?

The Expropriation Act 13 of 2024 was assented to by President Cyril Ramaphosa and published in the Government Gazette on 24 January 2025. It replaces the old Expropriation Act 63 of 1975, an apartheid-era law that had governed how the state takes property for nearly 50 years.

The Act sets out:

  • When the state may expropriate (take) property — for a public purpose (like building a road, school or water pipeline) or in the public interest (which includes land reform).
  • How it must be done — with notice, consultation, and the chance to object.
  • How compensation is decided — it must be "just and equitable", reflecting a balance between the public interest and the interests of those affected, as required by section 25 of the Constitution.

The Act applies to all property, not just land — but land reform is its most debated use.

Does the Act allow expropriation without compensation?

Yes — but only in limited, listed circumstances. Section 12(3) of the Act says it may be just and equitable for nil compensation to be paid where land is expropriated in the public interest, including cases such as:

  • Land that is not being used and where the owner's main purpose is not to develop it or earn income from it
  • Land held purely for speculation
  • Abandoned land, where the owner has demonstrably walked away from it
  • Land where the market value is less than the state subsidy already paid for it
  • Situations where the property poses a health or safety risk due to neglect

Important: Nil compensation is not the default. For most expropriations — a farm for land reform, a property needed for a road — the owner is entitled to just and equitable compensation. The amount can be disputed and ultimately decided by a court.

What does the Constitution say?

Section 25 of the Constitution (the "property clause") already allowed expropriation for a public purpose or in the public interest, subject to just and equitable compensation. It explicitly names land reform and redress for past racial discrimination as part of the public interest.

The Expropriation Act does not change the Constitution — it is an ordinary law that must stay within section 25. That is why the Act's nil-compensation clause is framed around when zero compensation could itself be "just and equitable". Whether the Act has struck that balance correctly is exactly what the courts are now being asked to decide.

What is the legal challenge about?

In 2026, organisations including the Institute of Race Relations (IRR) brought a constitutional challenge to the Act in the Western Cape High Court, with hearings reported in August 2026. The challengers argue that parts of the Act tilt compensation towards reduced or nil payment in a way that violates section 25 and international law. The Presidency has defended the Act, arguing that the "just and equitable" standard remains intact and that nil compensation applies only in narrow cases.

Until the courts rule, the Act remains law. The case could end up in the Constitutional Court.

Does this affect your house or small business?

For the vast majority of ordinary homeowners: no. The Act does not let the government take homes at will. Key protections include:

  • Expropriation requires a public purpose or public interest justification — not arbitrary seizure
  • The expropriating authority must serve a notice of intention to expropriate, and you have the right to object
  • Compensation disputes can be taken to court, and courts have the final say
  • The Constitution protects against arbitrary deprivation of property

The scenarios most likely to involve nil compensation are unused, abandoned or speculative land — not occupied family homes or running businesses.

How does this relate to land reform?

Land reform rests on three legs:

  1. Restitution — claims by people dispossessed after 19 June 1913 (managed by the Land Claims Court and the Restitution process)
  2. Redistribution — the state acquiring land to transfer to previously disadvantaged South Africans
  3. Tenure reform — securing the rights of farm dwellers and people on communal land

The Expropriation Act is a tool mainly for the redistribution leg (and for ordinary public purposes). Government says faster, fairer expropriation is needed because the old "willing buyer, willing seller" approach has been slow. Critics worry about property rights, food security and investor confidence. Both the need for redress and the need for legal certainty are real — the courts will help define where the line sits.

What should landowners do?

  • Keep your property records up to date — title deeds, valuations, and proof of how the land is used.
  • Respond to any official notice. If you receive a notice of intention to expropriate, there are strict time limits to object — get legal help immediately.
  • Use official channels. Check notices through the Department of Public Works and Infrastructure, your municipality, or the Government Gazette — not social media rumours.
  • Get legal advice early. Organisations like Legal Aid South Africa may assist qualifying persons.

Timeline

  • 1975 — The old Expropriation Act 63 of 1975 governs state expropriation for nearly 50 years.
  • 1996 — The Constitution's section 25 allows expropriation with just and equitable compensation, and mandates land reform.
  • 2018 — Parliament begins a public process on expropriation without compensation; a constitutional amendment attempt later fails in 2021.
  • January 2025 — President Ramaphosa signs the Expropriation Act 13 of 2024; it is gazetted on 24 January 2025.
  • 2026 — The IRR and others challenge the Act in the Western Cape High Court; the Presidency defends the "just and equitable" standard.

Sources and further reading

Disclaimer: This guide is general information, not legal advice. If your property is affected by expropriation, consult an attorney promptly — strict objection deadlines apply.