In January 2025, President Cyril Ramaphosa signed the Expropriation Act into law. This Act is an effort to align expropriation legislation with section 25 of the Constitution and to replace the outdated 1975 Expropriation Act, which was promulgated long before South Africa’s constitutional democracy.

While the power to expropriate land for a public purpose — such as building a dam or a road — is a function held by most governments around the world, the signing of the Expropriation Act has ignited both national and international responses.

The controversy surrounding the Act appears to be driven by the inclusion of “public interest” as a valid reason for expropriation, as well as the possibility that nil compensation may be paid in limited circumstances. Some have described the Act as a race-based law aimed at expropriating farmland held by white owners, or as a mechanism for arbitrary land seizures. This rhetoric has even prompted international reactions, including an executive order by US President Donald Trump to halt all funding to South Africa.

But what is fact, and what is fiction?

In this episode, the Legal Resources Centre (LRC) looks at what the Expropriation Act actually says and attempts to dispel some of the myths surrounding it. The podcast seeks to provide a balanced and accurate analysis of the powers granted to the state under the Act, aiming to combat the misinformation that has shaped much of the public response.

Join us as LRC’s Cecile van Schalkwyk breaks down the facts, clarifies misconceptions, and brings expert insight into one of the most hotly debated legislative developments in South Africa.