The Institute of Race Relations (IRR) has called on Public Works and Infrastructure Minister Dean Macpherson to clarify whether more than a thousand government entities can expropriate private property without compensation under South Africa’s 2024 Expropriation Act.

The IRR’s request follows the high-profile Driefontein case, where the City of Ekurhuleni expropriated privately owned land and offered R0 in compensation. This dispute, currently in court-directed mediation, has reignited public concern about the scope and consequences of the Act.

In its statement, the IRR emphasised that the 2024 Act does not limit expropriation to land. Instead, the Act defines “property” broadly, covering all fixed and movable assets. This includes not only homes, farms and vehicles, but also bank savings, pension funds, and intellectual property. While the Act specifies that nil compensation may apply in limited cases such as abandoned or state-owned land, the IRR warned that the language is open-ended and could be used much more widely. The organisation has asked Macpherson to confirm how many of the 1 105 state organs listed in official records, including national departments, municipalities and state-owned enterprises, now have the power to expropriate any kind of property without compensation.

The IRR said: “The question is whether all 1 105 state bodies could now potentially seize property without paying for it, whether that means land, a person’s home, their savings or their intellectual property.” The Institute argued that this uncertainty risks undermining investor confidence and eroding trust in property rights. It further maintained that transparent disclosure of which institutions hold expropriation authority is essential to protect ordinary South Africans from arbitrary state action and to prevent abuse of these extensive powers.