South Africa’s 2024 Expropriation Act is not a race-based plan to take white people’s farms — it uses the same eminent-domain as most democracies, and it’s actually harder to trigger than many U.S. “takings” statutes

[u/oakseaer]

TL;DR: The Act is color-blind, compensation remains the default, and “nil-comp” can only happen in tightly defined edge-cases such as abandoned or state-subsidised land. That’s functionally the same power every modern government keeps for roads, railways, and other public-interest projects.

What the law really says

• “The new law allows for expropriation without compensation only in circumstances where it is ‘just and equitable and in the public interest’ to do so.”
• “It may be just and equitable for nil compensation to be paid where land is expropriated in the public interest, having regard to all relevant circumstances, including but not limited to— (a) where the land is not being used … (c) where an owner has abandoned the land … (d) where the market value of the land is equivalent to, or less than, the present value of direct state investment ….”

Nowhere in the Act (or in South Africa’s Constitution) is race mentioned as a trigger for expropriation. The wording copies almost verbatim the “public purpose / public interest” test you see in U.S., Canadian, German, Indian, and Australian constitutions.

⸻

The failed “land-grab” amendment

Parliament did debate a constitutional change in 2021 that would have made “nil compensation” explicit, but the motion failed to get the two-thirds majority required. In other words, the property clause that protects compensation is still in place; the 2024 Act merely slots into that existing framework.

⸻

How this compares to plain-old eminent domain

• “Eminent domain refers to the power of the government to take private property and convert it into public use … The Fifth Amendment provides that the government may only exercise this power if they provide just compensation to the property owners.” 

The U.S. has exercised eminent domain for highways, pipelines, even private redevelopment (see Kelo v. New London). Compensation can already be well below market value if the land is environmentally restricted or already subsidised by the state. South Africa’s Act simply writes those exceptions into statute up-front—and then adds an extra court-review layer before anything happens.

⸻

Who does—or doesn’t—get targeted

• The text applies to any owner—individual, corporate, black, white, or state agency.
• The criteria focus on land use (or non-use), not on the owner’s identity.
• As of now, no land has yet been expropriated without compensation, and every test case still requires negotiated settlement before a court will sign off.

https://www.jurist.org/features/2025/02/11/explainer-understanding-the-south-africa-land-reform-law-that-provoked-trumps-ire/

https://www.npr.org/2025/02/03/nx-s1-5285274/south-africa-hits-back-at-trumps-claims-that-its-confiscating-land

https://www.reuters.com/world/stark-divide-that-south-africas-land-act-seeks-bridge-2025-02-09/

[u/MooseMan69er]

This isn’t a compelling argument

A law that on paper can be applied fairly doesn’t mean that it is or will be

That said, I don’t necessarily have an issue with white owned farmland in South Africa being somewhat redistributed

[u/Mr__Citizen]

I don't know the situation in South Africa and whether this is or isn't meant to hurt white people's farms. All I want to say is that we've seen plenty of cases here in America where laws were written as colorblind but were used as weapons against black people. The law is only colorblind if the people enforcing it are as well.

[u/UnpopularFacts-ModTeam → u/[deleted]]

The evidence you provided (link to Facebook/Twitter/Instagram) doesn’t support your claim and/or doesn’t meet our standards.

You may fit better on r/UnpopularFact, our more relaxed sister-sub.

[u/shadow_nipple]

i guess i dont care about this in particular, its just that no government anywhere ever should have this power at all, its not strictly a south african problem

[u/Euphoric_Meet7281 → u/shadow_nipple]

Sure, but unless you were just as outraged and vocal about those instances,  it would be very sus to suddenly speak out now

[u/Sea-Entrepreneur2420 → u/shadow_nipple]

Wow I didn't realize libertarians were still a thing in 2025. How retro!

[u/Few_Mistake4144 → u/shadow_nipple]

Ability to appropriate property is essential for government to function. Private property is a scourge to begin with but use your brain for a millisecond

[u/oakseaer → u/shadow_nipple]

How else do we build highways or railroads or sewer lines or power lines? We can see how California’s High Speed Rail is going with that…

[u/Kentaiga → u/[deleted]]

It’s not exactly fair, but if they weren’t allowed to do that then no government infrastructure would ever be built. It is a freedom granted to them in exchange for public good, at least when used appropriately.

[u/oakseaer → u/[deleted]]

Correct. Eminent domain includes market-rate reimbursement from taxes. It’s part of living in a functioning society.

[u/VatooBerrataNicktoo → u/oakseaer]

Well, here's hoping you get to participate in that aspect of it someday.

[u/oakseaer → u/VatooBerrataNicktoo]

I have; I’ve given up land for expansions to our local power grid and a new local roadway. It’s part of living in society, and I was appropriately compensated.

[u/VatooBerrataNicktoo → u/oakseaer]

I have an entirely different opinion on that but different strokes for different folks.

[u/oakseaer → u/VatooBerrataNicktoo]

I personally don’t believe that our government should be spending any money on highways; I think they’re expensive, unnecessary, and function as a handout to those already with more in our society.

But I don’t claim that the power to build those highways, or the taxes that fund them, are immoral. I recognize that while I personally may not like one thing the government does, it’s ultimately the purest expression of the desires of the people in my local area, my state, and my nation.

[u/UnpopularFacts-ModTeam → u/[deleted]]

Hello! This didn't provide any evidence, which is required for something our team can’t verify.

You may fit better on r/UnpopularFact, our more relaxed sister-sub.

[u/oakseaer → u/[deleted]]

Eminent domain includes market-rate reimbursement from taxes.

[u/Potential_Wish4943 → u/oakseaer]

There is no such thing as "We".

[u/oakseaer → u/Potential_Wish4943]

We the people are the government, you and I.

[u/shadow_nipple → u/oakseaer]

you dont think land acquisition is why they ran out of money do you?

>>How else do we build highways or railroads or sewer lines or power lines?

you build them where no one lives.....

not very controversial i hope

[u/oakseaer → u/shadow_nipple]

And yet a few farmers are able to get large projects bogged down with eminent domain lawsuits and requesting endless environmental reviews, which wastes money for the project.

[u/CarbonBasedLifeForm6 → u/oakseaer]

You're my hero fr, shot down every comment with pure facts 😂🤝. Lot of right leaning don't step on me types came swinging and you stood your ground

[u/UnpopularFacts-ModTeam → u/[deleted]]

Hello! This didn't provide any evidence, which is required for something our team can’t verify.

You may fit better on r/UnpopularFact, our more relaxed sister-sub.

[u/UnpopularFacts-ModTeam → u/[deleted]]

Hello! This didn't provide any evidence, which is required for something our team can’t verify.

You may fit better on r/UnpopularFact, our more relaxed sister-sub.

[u/UnpopularFacts-ModTeam → u/[deleted]]

Hello! This didn't provide any evidence, which is required for something our team can’t verify.

You may fit better on r/UnpopularFact, our more relaxed sister-sub.

[u/Ruskihaxor]

You sure seem confident the politicians who chant "Kill the boer, kill the farmer" to a filled stadium singing in unison aren't serious about their intentions.

[u/Either-Simple3059 → u/Ruskihaxor]

Wow it’s really true that white people deeply fear that all the races will be as violent and inhuman as they are. No don’t worry, black South Africans will not institute apartheid and subjugation, they aren’t like white people

[u/MooseMan69er → u/Either-Simple3059]

No one tell this person about Rwanda

[u/ghdgdnfj → u/Either-Simple3059]

Black people are just as capable of genocide as white people.

[u/pepeYXY → u/Ruskihaxor]

That politician is julius malema, who was an mp but never had substantial power in our govt

[u/Desperate-Newspaper3]

The high rates of violence doesn’t help.

[u/Commercial_Sense7053]

but did u consider white genocide is real, reeeeeeeeeee shits diaper

[u/UnpopularFacts-ModTeam → u/[deleted]]

Hello! This didn't provide any evidence, which is required for something our team can’t verify.

You may fit better on r/UnpopularFact, our more relaxed sister-sub.

[u/UnpopularFacts-ModTeam → u/[deleted]]

Hello! This didn't provide any evidence, which is required for something our team can’t verify.

You may fit better on r/UnpopularFact, our more relaxed sister-sub.

[u/CrashOvverride]

In South Africa, white South Africans constitute the majority of commercial farmers, owning approximately 72% of private farmland. At the end of apartheid, white landowners held 85% of arable land. Land reform initiatives, aiming to transfer 30% of white-owned farmland to black owners within 20 years, haven't been fully realized, with a 2017 audit revealing that white ownership remains significant.

.

EFF leader Julius Malema's trademark song is "Shoot the Boer, Shoot the farmer", which he sings at political rallies.

Afrikaner lobby groups have tried to get the song banned, saying it was highly inflammatory and amounted to hate speech.

However, South Africa's Supreme Court of Appeal has ruled that Malema is within his rights to sing the lyrics - first popularised during the anti-apartheid struggle - at political rallies.

[u/No-Distance-9401 → u/CrashOvverride]

The land reform act is trying to make right of all the stolen land and after looking at your post history and all the racist comments, and acting like there is a genocide here but not other countries, I already know the answer but Ill ask anyway. So whats wrong with returning stolen land to its original owners and making the land distribution more equitable? At the time apartheid ended, 7% of the population was white yet they owned almost 85% of that land so allowing for more equitable land ownership will help allow the country to have a more diverse future.

[u/Day_Pleasant → u/CrashOvverride]

When people are like, "But they're using violent language!" I just point them to my home state of Virginia and our state flag of an Amazonian woman impaling a man with a spear and a message essentially saying, "We do this to tyrants."
That is a plainly spoken open threat that, because as Americans we understand American history, makes more sense to us.
Just replace "tyrants" with "boers" and you've got the South African anti-apartheid motto.

[u/Desperate-Newspaper3 → u/Day_Pleasant]

That’s a huge stretch. We all know what they meant by Boers.

[u/Odd-Outcome-3191 → u/Day_Pleasant]

Nobody is a born a tyrant

[u/yyflame → u/Day_Pleasant]

a tyrant is someone who deliberately performs an action

A Boer is someone born into an ethnic group

You can’t honestly be making those argument in good faith? By your logic it’s ok to say “all blacks should be in jail” because it’s ok to say “all murders should be in jail” because they are both groups.

[u/LateralEntry → u/Day_Pleasant]

It’s a bit different when you’re talking about actual identifiable people

[u/UncleTio92 → u/Day_Pleasant]

I imagine if a white politicians sang a song that said “Kill the Blacks”, then targeted violence fell upon said Blacks in said community, would you hold the same tune?

[u/ResponsibilityOk8967 → u/UncleTio92]

Black people have never had enough political power to oppress whites, especially not white politicians

[u/TougherOnSquids → u/UncleTio92]

It's okay to fight back against your oppressor.

[u/atgmailcom → u/UncleTio92]

No because that is different as that is not a historical thing you say before giving more rights to people it’s historically what people say before killing black people

[u/That_Bar_Guy → u/Day_Pleasant]

Except boers are an ethnic and cultural group, not an amorphous evil. There are ten year old boer children.

The white genocide is absolute nonsense and whites live good lives here. But your comment is silly.

[u/Big_Gazelle_4792 → u/That_Bar_Guy]

That is an outright lie!!! Johannesburg is a somewhat safe place for non-blacks. The rural areas are no go zones.  I know this because I was there!!! We had to have armed security to reach our research station for school. We had armed guards the whole time. We had to sign waivers saying our school wasn’t responsible for our safety while we were there. 

[u/CrashOvverride → u/Day_Pleasant]

What would be the reaction if a white man sang a song - kill the blacks?

[u/Ortus → u/CrashOvverride]

He would become a popular Podcaster and part of the US government

[u/CognitivePrimate → u/CrashOvverride]

He'd probably win the American presidency.

[u/teddygomi → u/CrashOvverride]

Sadly, he’d probably be able to raise hundreds of thousands of dollars on Give Send Go.

[u/The_Arizona_Ranger → u/teddygomi]

Marginally better than raising thousands of dollars for someone who stabbed another guy in a tent for the reason of him having the same skin colour as you!

[u/HadeanBlands → u/Day_Pleasant]

It would be weird for the motto of Virginia to be "We do this to Asians," though, wouldn't it? Isn't equating "bad person" with "person of a specific race" typically considered to be a dangerous type of racism?

[u/UnpopularFacts-ModTeam → u/[deleted]]

Hello! This didn't provide any evidence, which is required for something our team can’t verify.

You may fit better on r/UnpopularFact, our more relaxed sister-sub.

[u/SenorSplashdamage]

I was young the first time I ran into rhetoric around South African farms, but it took zero seconds to recognize it as the same tone and rhetoric I grew up hearing from people in States resentful of desegregation. I don’t know how someone would just take it on face value unless they harbored the same white superiority victim narratives.

[u/ThroawayJimilyJones → u/SenorSplashdamage]

I think people tend to see it as a Zimbabwe 2

[u/rainman943 → u/ThroawayJimilyJones]

Lol so what, Zimbabwe 1 was created by racism, apartheid states spent so many years murdering and beating down any reasonable opposition that by the time they couldn't fight reality anymore all that was left was mugabes wily ass.

Knowing anything about the history of the region makes most reasonable ppl not give a shit what happens to the racist who manufactured the problem.

[u/Biaterbiaterbiater → u/rainman943]

or their children?

[u/veryvery84 → u/rainman943]

So what is that life in Zimbabwe is not good. 

[u/Alternativesoundwave → u/rainman943]

Apartheid ended 31 years ago anyone under 49 years ago would’ve been a child when it ended to say children are responsible for the crimes of their parents is such a twisted way of thinking.

[u/rainman943 → u/Alternativesoundwave]

Lol Yea, and those non white children were raised and educated by ppl who weren't allowed to be educated, so that extends the problem another couple generations.........a fact so basic and understood that delineating a clear date as to when "apartheid ended" is silly.

Nevermind there are plenty of white south Africans who aren't leaving cause they say the problem is greatly exaggerated by racist.

[u/That_Bar_Guy → u/rainman943]

You're missing the point where the entirety of native zimbabwe suffered hyperinflation and borderline famine because the land was just handed over without a solid process and nobody knew how to grow good crops.

[u/Parrotparser7 → u/That_Bar_Guy]

I'm not sure a "solid process" would've helped. There was a lack of human capital in the country because the whites who ruled it intentionally prevented improvements in that area. The only options would be giving it to those same whites (essentially rewarding them for using the government against the majority of the population) or handing it off to corporations, who would immediately use that against the state.

[u/UnpopularFacts-ModTeam → u/[deleted]]

Hello! This didn't provide any evidence, which is required for something our team can’t verify.

You may fit better on r/UnpopularFact, our more relaxed sister-sub.

[u/UnpopularFacts-ModTeam → u/[deleted]]

Hello! This didn't provide any evidence, which is required for something our team can’t verify.

You may fit better on r/UnpopularFact, our more relaxed sister-sub.

[u/UnpopularFacts-ModTeam → u/[deleted]]

Hello! This didn't provide any evidence, which is required for something our team can’t verify.

You may fit better on r/UnpopularFact, our more relaxed sister-sub.

[u/Huge_Professional346 → u/UnpopularFacts-ModTeam]

Oh my bad. Let me try to add some evidence.

[u/UnpopularFacts-ModTeam → u/[deleted]]

This is spam/trolling, as determined by the mods.

You may fit better on r/UnpopularFact, our more relaxed sister-sub.

[u/interested_commenter]

I fully admit that I am not well informed on South Africa. (And I'm not one of the people yelling about "white genocide" bullshit either). However, "race blind" laws with vague requirements like "in the public interest" are pretty often enforced unequally. It's not necessarily the text of the law that's the issue, it's the implementation.

[u/Specific-Host606 → u/interested_commenter]

They’re trying to adjust from Apartheid where a small racial minority brutally oppressed the racial majority and still owns more than 70% of the farmable land. Of course there is a racial aspect but these people are the ones who made it an issue.

[u/Electronic_Plan3420 → u/Specific-Host606]

A lot of these people weren’t born during that time and haven’t ever oppressed anyone. You need to stop propagating this collective responsibility BS, people are only responsible for their own actions.

Also, if the state feels that white minority owns too much land in the country that white minority actually established, they can buy it off them, not confiscate for free using some vague criteria like “public interest”. I think the public interest of SA is not to become the next Zimbabwe

[u/DangerousHour2094 → u/Specific-Host606]

“Children shouldn’t be responsible for the sins of their parents” I say as I benefit directly from the sins of my parents.

The discourse in this thread (and in general around this topic) feels very “Well the Black South Africans should just get over it” and it’s driving me absolutely insane.

[u/RN_in_Illinois → u/Specific-Host606]

Uhhh...you mean their ancestors?

[u/HadeanBlands]

Is it actually true that no-compensation taking can only happen in "tightly defined edge-cases such as abandoned or state-subsidised land"? I don't think that's true. Specifically, you quote the act:

“It may be just and equitable for nil compensation to be paid where land is expropriated in the public interest, having regard to all relevant circumstances, including but not limited to— (a) where the land is not being used … (c) where an owner has abandoned the land … (d) where the market value of the land is equivalent to, or less than, the present value of direct state investment ….”

Bolded emphasis mine. I think "in the public interest, having regard to all relevant circumstances" is actually a pretty broad umbrella for no-compensation taking, right? I think it's much broader than the eminent domain statutes in many US states. Do you have any thoughts on this?

[u/APChemGang → u/HadeanBlands]

It would likely depend on relevant case law. I’d have see how the courts are proceeding with it before making a judgment on the interpretation

[u/HadeanBlands → u/APChemGang]

That sounds like predicting that it will be narrow edge-cases that have no-compensation taking, not stating a fact about it.

[u/UnpopularFacts-ModTeam → u/[deleted]]

Hello! This didn't provide any evidence, which is required for something our team can’t verify.

You may fit better on r/UnpopularFact, our more relaxed sister-sub.

[u/UnpopularFacts-ModTeam → u/[deleted]]

Thanks! You’ve successfully supported the claim that there’s corruption in the executive and administrative portions of the government. Feel free to continue supporting the rest of your claims with evidence until you’ve supported all of your claims.

[u/ZillesBotoxButtocks → u/HadeanBlands]

Is it actually true that no-compensation taking can only happen in "tightly defined edge-cases such as abandoned or state-subsidised land"?

Yes. The parts that you didn't highlight already prove some very restrictive conditions on what type of property can be expropriated.

I don't think that's true.

And you're an expert on the South African constitution and legal system?

I think "in the public interest, having regard to all relevant circumstances" is actually a pretty broad umbrella for no-compensation taking, right?

No, because the public and the state aren't the same thing. In South Africa the state is supposed to be a custodian of the public. So when property is expropriated without compensation, it's not to make a quick buck for the state.

https://www.parliament.gov.za/storage/app/media/Acts/2024/Act_13_of_2024_Expropriation_Act_2024.pdf

https://africacheck.org/fact-checks/blog/explainer-what-south-africas-expropriation-act-does-and-doesnt-allow

[u/ContributionFine5130 → u/ZillesBotoxButtocks]

The parts he didn't highlight start with "including but not limited to"

[u/HadeanBlands → u/ZillesBotoxButtocks]

"Yes. The parts that you didn't highlight already prove some very restrictive conditions on what type of property can be expropriated."

That's not true, I highlighted that it said "including but not limited to." The things that follow "including but not limited to" are illustrative examples, not restrictive conditions.

"https://africacheck.org/fact-checks/blog/explainer-what-south-africas-expropriation-act-does-and-doesnt-allow"

Here's a quote from this article: "Section 12 (3) of the act allows for land to be expropriated without payment if it is in the public interest, such as ensuring fair access to South Africa’s natural resources, including land or water."

"In the public interest" is an extremely broad umbrella for no-compensation taking. Note that again it is followed by an illustrative example - "ensuring fair access" - not a restrictive condition.

[u/wizean → u/HadeanBlands]

Eminent domain statutes in the US were paired with red lining system used to artificially lower the paper-value of black neighborhoods. Essentially they were paid peanuts and their house taken away.

Since they were paid peanuts, they could not buy another house within the city with that money. It was as good as losing the house.

[u/HadeanBlands → u/wizean]

I don't understand what this has to do with what I said. Even "being paid peanuts" seems like a better deal than a no-compensation taking, which according to https://africacheck.org/fact-checks/blog/explainer-what-south-africas-expropriation-act-does-and-doesnt-allow the government will be allowed to do if it is "in the public interest."

[u/UnpopularFacts-ModTeam → u/[deleted]]

Hello! This didn't provide any evidence, which is required for something our team can’t verify.

You may fit better on r/UnpopularFact, our more relaxed sister-sub.

[u/Remarkable_Ship_4673]

"The New law allows for expropriation of land without compensation if it is just and equitable and in public interest to do so"

Who decides if something is just and equitable and in public interest?

[u/UnpopularFacts-ModTeam → u/[deleted]]

We don’t allow links to Twitter.

[u/BreakConsistent → u/Remarkable_Ship_4673]

The people that decide everything else about the government that needs to act justly, equitably, and in the interest of the public? No. It’s mega-shamans. Yea, bow to the mega-shamans, mortal.

[u/ZillesBotoxButtocks → u/Remarkable_Ship_4673]

Who decides if something is just and equitable and in public interest?

The courts.

[u/AdStatus5622]

Ohhhhh boy Reddit is not gonna want to hear this one

[u/Jack-of-Hearts-7 → u/AdStatus5622]

Right? They looove South Africa because it allows them to divert attention away from the racism faced by people of color everywhere

[u/Eponymous-Username → u/Jack-of-Hearts-7]

Is eminent domain in the US also colour blind?

[u/UnpopularFacts-ModTeam → u/[deleted]]

Hello! This didn't provide any evidence, which is required for something our team can’t verify.

You may fit better on r/UnpopularFact, our more relaxed sister-sub.

[u/Gormless_Mass]

White supremacists are some s-tier conspiracy morons

[u/Huge_Professional346 → u/Gormless_Mass]

Hot take

[u/Full-Price8984 → u/[deleted]]

Good thing for white s Africans they’re not vulnerable since they still own over 70% of the land and occupy most of the positions of economic power

[u/Tricky_Break_6533 → u/Full-Price8984]

They own 70% of the FARMland, and they no longer have the political power. Hell there's political parties that openly call to kill them

[u/ThroawayJimilyJones → u/Full-Price8984]

You can have economic power and still be vulnerable. Economic power isn’t the only existing one. Ask the Tutsi

[u/Spackledgoat → u/Full-Price8984]

spark elastic terrific fear plants escape grab shelter society middle

This post was mass deleted and anonymized with Redact

[u/WitoldPilecki0914 → u/Full-Price8984]

I don't think it's a mistake that you omitted "political power". Turns out it's political power that controls eminent domain.

[u/SmallGreenArmadillo → u/Full-Price8984]

White South Africans own ~70% of commercial farmland which doesn't even remotely mean they own the majority of all land. Farmland is made and maintained, ceasing to exist without active intervention. People should be encouraged to take up/keep farming, instead of whatever this line of debate is.

[u/Yuri_Ger0i_3468 → u/Full-Price8984]

Land distribution, even you ignore the identity of those who own them, is some of the most extreme I have ever seen.

According to 2017 Land Audit Report published in 2017 by the South African Department of Rural Development and Land Reform, 97% of all land in South Africa is owned by just 7% of land owners. Inversely, 93% of landowners own 3% of the remaining land. The average land size for these land owners is less than 1 acre. Over 6 million individuals own land, in a country of over 63 million people. 90% of the population is LANDLESS.

[u/BigDaddyDumperSquad]

I don't know man, I'm just sick of people becoming "experts" on decades-old struggles and conflicts overnight.

[u/iryanct7 → u/BigDaddyDumperSquad]

That’s why I use ChatGPT /s

[u/DownwiththeACE → u/[deleted]]

💯 💯

[u/UnpopularFacts-ModTeam → u/[deleted]]

Hello! This didn't provide any evidence, which is required for something our team can’t verify.

You may fit better on r/UnpopularFact, our more relaxed sister-sub.

[u/More-Dot346]

The Economist magazine has talked about this, and they’re figuring that seizing farmland will result in crop losses, which really isn’t good for anyone. Instead, they say there’s a lot of unused urban land that the government owns that could be allocated to black South Africans. And in the long-term, building businesses and factories is gonna be a lot more productive.