The African Commission on Human and Peoples’ Rights welcomes South Africa’s effort for Advancing Land Reform and Social Justice through the Expropriation Act of 2025
The African Commission on Human and Peoples’ Rights (the Commission) welcomes the enactment and entry into force of the Expropriation Act, 2025, by the Government of the Republic of South Africa.
The Commission commends the Government of South Africa for this landmark legislative reform, which highlight the continuing need to equitable access to land, redress of historical injustices, and the realization of socio-economic rights guaranteed under the African Charter on Human and Peoples’ Rights (the African Charter), including Articles 14, 21, and 22.
In particular, the Commission notes with appreciation the following key provisions introduced by the Expropriation Act:
• The establishment of a unified legal framework for constitutionally grounded expropriation across local, provincial, and national levels of government;
• The repeal of the 1975 Expropriation Act, thus aligning South Africa’s legal framework with Section 25 of its Constitution and international human rights standards;
• The incorporation of safeguards against arbitrary expropriation, including mandatory prior negotiations, notification procedures, and access to judicial review;
• The provision for just and equitable compensation, with the possibility of expropriation without compensation only in narrowly defined circumstances, such as abandoned or unused land, or land acquired with state subsidies;
• The affirmation of the right to land as a means of addressing the legacy of apartheid-era dispossession, fostering inclusive economic development and access to basic services.
The Commission further welcomes the extensive public consultation process that preceded the Act’s adoption, which is in accordance with human rights standards of the African Charter.
The African Commission stands in Solidarity with the efforts of South Africa as it strives to advance socio-economic justice and equitable access to land. These reforms mark a vital step toward addressing the deeply entrenched structural inequalities arising from colonial and apartheid-era land dispossession.
The Commission recalls its Resolution ACHPR/Res.236 (LIII) 2013 on the Right to Equitable Access to Land and Natural Resources, which urges States to adopt legislative measures that promote equitable and secure land tenure systems, particularly for historically marginalized communities.
In light of the above, the Commission:
1. Encourages the Republic of South Africa to ensure the effective implementation of the Expropriation Act, with adequate institutional support, capacity-building, and other support mechanisms for vulnerable groups; and
2. Urges all stakeholders including traditional authorities, civil society, and landowners to constructively engage in the implementation of the Act in a manner that promotes socio-economic justice, equitable access to land and national reconciliation and cohesion
3. Provide avenues for giving due hearing for all concerned stakeholders.
Honourable Commissioner Solomon Ayele Dersso, PhD
Country Rapporteur on the Human Rights Situation in the Republic of South Africa
African Commission on Human and Peoples’ Rights
