Real Estate Investor Magazine South Africa September 2016 | Page 25

WHAT POWERS DOES THE DEPARTMENT OF
PUBLIC WORKS HAVE?

The minister has a ‘general power’ but property can
only be expropriated if this is directly connected to the
minister’s mandate. These powers can be delegated to
officials in the Department of Public Works.
There are some limitations in delegating the powers.
Officials may not:
• Expropriate
• Expropriate urgently on a temporary basis
• Withdraw an appropriation
• Make regulations

THE PRE-EXPROPRIATION PHASE

The expropriation bill outlines the guidelines that
ensure the property is suitable for purpose:
• The effects of registered and unregistered rights
on the property (if there are any) on the possible
expropriation have to be investigated thoroughly
• The authority has the right to mandate surveyors
and valuers to inspect the property, but if
damage occurs as a result of these inspections,
compensation may be due to the owner
• Other government departments – Rural
Development and Land Reform, Mineral
Resources, Water Affairs and Sanitation, for
instance – and the relevant municipality must be
consulted

WHAT NEXT?

The notice of expropriation is then served to all
affected parties, detailing the following:
•
•
•
•

A description of the property
Purpose of the expropriation
Reason for the expropriation
A directive to the owner/s to provide details of any
unregistered rights on the property
• Details of the amount claimed as compensation
• Diagrams or sketches
What happens if you have a right over a property?
Rights are dealt with individually and separate notices
must be delivered to each right-holder. Everyone
has the same opportunity to object (in writing)
and the authority has to consider all objections and
submissions in good time before proceeding with
expropriation. Incidentally, the same terms and
conditions apply to rights-holders as to owners.
If you are involved in the expropriation of your
property, the authority takes possession in the period
between the delivery of the notice and the actual
expropriation. Compensation will be paid for costs
incurred but it is your responsibility to maintain the
property.
In the second and final part of this article we’ll
outline the remaining clauses and briefly discuss some
of the concerns being expressed about the bill.

RESOURCES
SD Law

www.reimag.co.za

SEPTEMBER 2016 SA Real Estate Investor

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