Expropriation Act | 'Law is highly procedural, vague and contradictory': Adv Tembeka Ngcukaitobi

[@TheRadRingo]

Considering government is the biggest land owner in the country, how do the people expropriate from them?

[@dmrambuda8149]

The government is not the biggest land owner. It owns less than what the white minority owns

[@MzamoAdoons-d6n]

The state will appropriate land belonging to the state without compensation😂😂😂

[@thapelomakwatanyane4859]

Not realy, the government only owns only 15% of the land

[@itumelengmedichane9879]

It's the people who votes for government, in a way they make it and the whole reason is that it govern the affairs of the people who makes it and when it is not acting in the interest of the people the people have every power to remove it and replace it otherwise, and after all it will take people to have a government that works for the people so the people must rise and be involved more than they have been.

[@musajohannessithole8970]

Don't lie with such a conviction. If the State owned majority of Land, we w'd not even be talking about land issue today.

[@DrugHunter-fy6nf]

The vague nature of "in the public interest" in this country is really the problem.

[@Itsnothing389]

Absolutely.

[@meisievannancy]

In the ANC interest is what the ANC refer to as the people.

[@JakesJama]

This is a smokescreen - You are 💯 right SC Ngcukay'thobi - Aspirational Act -

[@MzamoAdoons-d6n]

To manipulate blacks into voting the ANC under the impression that we are going to get 'our land ' back.😂😂😂

[@mbalenhlembina373]

​@@MzamoAdoons-d6nmy initial thoughts exactly, just the ANC blowing steam as usually.

[@pranks1457]

Never in the History of South Africa has the land belonged to the masses, Prior to the Boer arriving, it was owned by the Chiefs and Kings ,not their subjects, as is the case in Zululand today . There are many examples of kings and chiefs selling their land to the Boer. All you can be assured of is that without property ownership rights, there will be no investment in South Africa ,no jobs created and everyone will be poorer. State land ownership is Marxism ,like Zimbabwe and Mozambique. That's where we are headed.

[@ElSuaveNinoMPT-EXT]

🤡

[@talitasmit9337]

Yes only the king was the landowner.. the subjects belonged to the king

[@HD_Hates]

@@ElSuaveNinoMPT-EXT what ? is the truth too much for you to handle?

[@HD_Hates]

funny thing is that when the boers build townships for the black population, it was the first time the subjects were able to own their own properties. that is why black people came to white cities and towns in droves to look for work there and to be actually independent of the chief or king .

[@musadlamini9501]

Maybe if u can tell us Africans which king n when was the land sold to settlers? Don't tell us history written by oppressors to favor their agenda.

[@jam-fam]

Great analysis Ngcukaitobi 👑

[@CBD-LIFE]

Now the Khoisan and Griekwa are standing up against the blacks. Rampapoesa did not see this coming...

[@Babes710]

Khoisan had their potion in Capetown not everywhere in SA

[@cloudstrife8791]

​@@Babes710No blacks pushed them into WC your stole their land. Khoi literally walked in nambia botswana zimbabwe and most of SA.

[@valentineisraelshabangu4069]

Trying to seperate Khoi and blacks is diabolical because Khoi are blacks and blacks are Khoi with dna to prove it.

[@Joeparel32]

are Khoi and San people not Black? Africans? don't smokes cheep weed bro

[@mabena-f2o]

1.Ramaphosa know the Boers did defeat the black South Africans for the land.2.the land it rightfully Belong to the first nation Khoi -san .. blacks keep quiet , nothing can change that 2 facts. you a foreigner in S.A who dont know their roots.

[@johanbeukes720]

Maybe the commentators on this don't ask questions. Are they going to pay land, water and property tax once the land was distributed? If they don't want to, who will pay the maintenance? The ANC can't even repair the potholes and supply water to many areas. I don't think parts of the law will serve South Africans. Will white and coloured people who live in squatter camps also get land, or will ethnicity be used as measure, like what happened in the lockdown period?

[@mbalenhlembina373]

How was ethnicity used during the lockdown period ?

[@johanbeukes720]

@mbalenhlembina373 a judge ordered that stricter BEE rules should be followed to allocate funds. At that stage Coloured and Asian groups qualified.

[@marloeveltman423]

They are not. People do not see clearly what has actually happened here. People they owed money to want their money value and this was the only way HE could pay them back by signing the Bill.

[@archiemokhethi8464]

Why do whites live in squatter camps?

[@WillemNero]

@@johanbeukes720 First return the land. The issue of land allocations is for Coloureds and Blacks not for white people. You cannot steal my house and when it's returned you tell me how and to whom I should allocate the rooms.

[@TheChosenOne-19]

What a better explanation.

[@christienodendaal3001]

You are making sweeping statements about people forcefully taking land from indigenous people without supplying recorded proofs. It seems the whole matter is ideologically driven , without provable evidence. How can Mr A, who e.g. legally purchased something from Mrs B, be "expropriated" of such something, without being compensated for it?

[@markriordan9010]

Precisely...the simple truth is that if a person or company has paid money for something, then taking it away from them with zero compensation, is outright theft. It cannot be seen in any other way.

[@coen8677]

Why does everyone leave out the part of when the same people got a different piece of land elsewhere...? This bill doesn't care if one loses everything. It's not the same as in Apartheid. They weren't left stranded and without land.

[@WillemNero]

@@christienodendaal3001 How on earth do you purchase stolen property or property acquired unjustly or bequeath it to your children.

[@MzamoAdoons-d6n]

The ANC is actually misrepresenting what the Act is all about, the Act is not about taking white lands and giving it to blacks😂😂😂

[@namelessking8905]

You think black are going to get the land? How cute. In all of history the land stolen by communists went to the party connected and not the people.

[@Angeloflight7]

Exactly!!! Ppl really don't get it

[@MzamoAdoons-d6n]

@@Angeloflight7 Its just so irritating, jerrrrrr magtig🙆🙆🙆

[@fennimegamenoangukku6138]

At least somebody understands👍🏾

[@AndrewMcFarlane_1]

Mgukaitobi is devious in not letting the viewers know that many knowledgeable commentators do say the things he says. He thinks everyone just watched eNCA SABC, Newzroom and other ANC aligned platforms.

[@dirkvanwyk4364]

This bill is horrible!!!

[@fennimegamenoangukku6138]

In what way?

[@sizwemsomi239]

When is ramaphosa going to be held accountable for continously mis leading black people...

[@lindangulube7955]

Under International law....any sovereign government has a right to expropriate property for public purpose/interest. However, the same international law requires adequate and prompt compensation for the owners or investors. Even when there is fair compensation, expropriation creates deep concern among private investors, commercial banks and International lending institutions. It is common knowledge that South Africa's past is unique in that property rights were acquired under extra ordinary circumstances, that is in most cases, land was expropriated without compensation from the displaced indigenous people. Therefore, the courts may be the best to decide on the question of compensation on a case to case basis.

[@coen8677]

Oh, so this didn't happen in the US, Canada, New Zealand, or Australia?

[@tomjeffersonwasright2288]

Modern Agriculture is carried on with credit to finance farming until harvest. The government can transfer land ownership, but they can't transfer the original owners' bank credit, or technical ability. Have they learned nothing from Zimbabwe? Or are they depending on finance and technicians from China? In that case they might learn a lesson from Indonesia. The popular but impractical promises of the EFF are putting a lot of pressure on Mr Ranphosa. Perhaps fierce words but no actions ( like the African Union's role in the Niger coup) will both retain Mr Ranphosa's supporters AND keep the country's food supply intact. Giving commercial farm land to subsistence farmers would endanger both national food supply and international balance of payments.

[@OratiloeKhumalo-Ph.D]

Adv. Ngcukaitobi speaks with a silver tongue but his words cloak confusion in eloquence. He accuses the law of being procedural and contradictory, yet his critique itself dances around clarity. Transformation isn’t born of endless debates or symbolic gestures-it demands action, precision, and equity. His dismissal of expropriation as merely aspirational exposes his lack of solutions. The people deserve justice, not endless academic musings dressed as progress. It’s time for leaders, not wordsmiths, to rise.

[@markriordan9010]

In your opinion, what would constitute justice ? What exactly, clearly stated, would you be happy with ?

[@nhlanhla61]

Nobody is happy about this act 🙈

[@Psciyentist]

😂 the ANC way ... low-ki perfect for the rainbow nation but as Adv. has said it all depends on implementation

[@nhlanhla61]

@Psciyentist 💯🎯😄

[@thapelomakwatanyane4859]

I am happy😂

[@marloeveltman423]

Hi friend there are many that enjoys this but do not realize what this is all about. This will come as a rude awakening to those

[@marloeveltman423]

Was nice listening to this Adv. Hopefully more will see what this is all about

[@mandlenkosishabalala8890]

It is natural in law that no piece of legislation is perfect. Every Act has its merits and demerits. It is against this background that laws are amended time and again. What is crucial is whether that particular Act is certified in compliant with the constitution of the country.

[@mabena-f2o]

1.Ramaphosa know the Boers did defeat the black South Africans for the land.2.the land it rightfully Belong to the first nation Khoi -san .. blacks keep quiet , nothing can change that 2 facts. you a foreigner in S.A who dont know their roots.

[@rynhardvil2231]

You tell them man. i giggle every time they say we are the indigenous people here...The facts are they are invaders here the same as the rest of the people in South Africa..

[@LanicG]

Judges can be bought.We see it in many different legal decision making bodies,everyone from CCMA to Supreme Court,judges can be paid off !

[@fennimegamenoangukku6138]

Advocate’s interests are conflicted. He is now representing Ramaphoria so he now has to choose his words selectively. We too should take his advice with a pinch of salt🤔

[@JakesJama]

Great and objective analysis - so far, this is the only analysis I have listened to from all these "bush analysts". Thanks SC Ngcukay'thobi

[@MzamoAdoons-d6n]

My favourite advocate, always factual and remind me of Thabo Mbeki - the fellow who was substituted with a rapist.

[@KhanyisoNtloko]

Mr Ncukaithobi is spot on, this bill was drafted in stellenbosch 😅❤

[@MzamoAdoons-d6n]

This not what the Adv is saying🏃🏿‍♂️🏃🏿‍♂️🏃🏿‍♂️🏃🏿‍♂️🏃🏿‍♂️😂😂😂😂

[@christienodendaal3001]

Ek weet darem nie....what could Stellenbosch benefit from this bill as it reads HERE?

[@jeffreykgatitsoe627]

How do i expropriate my own land? Land that is probably uninhabitable at best?

[@AmoMoëti]

So advocate agrees with act or not?

[@MzamoAdoons-d6n]

He is explaining the essence of the Act, it is not for him to agree or disagree with it. What is clear is that ANC leaders are actually misrepresenting the Act to its notoriously gullible supporters.

[@LEARNLAWWITHLEBOGANG]

Says its not what it is made out to be. It is not going to make it easier to expropriate land but it could work if.the state is serious about the project

[@mavalupindo729]

Not, it says so in his book "Land matters"

[@archiemokhethi8464]

@@MzamoAdoons-d6n Moeletsi Mbeki calls them " The song and dance brigade".

[@klar7946]

If I owned a Bank, I would slowly do what Black Africans do, get my money out of the country.

[@stevenwortrich6014]

Funny how Ramaposa et al have never considered the First Nations?

[@archiemokhethi8464]

Have you always been an advocate for the rights of First Nations? Thanks for raising this important omission.

[@Greg16350]

The have and they then set out to marginalize them and hope they would not put up any resistance.

[@WillemNero]

This Bill is 30 years late but it lacks teeth. But it's a step in the right direction and points to the future.

[@CritikillACClaimed]

If your IQ is extremely low and you're unable to understand modern world economies, then sure

[@coen8677]

That's what Zimbabwe and Uganda thought, too...

[@bigmax4209]

@@coen8677

[@thembelanisithole4991]

Adv, learn to detach yourself from your client's battles. You cannot tell us about state capture and yet you are lawyer who knows better, if so. There was extreme selectiveness and deliberate ommissions there and recently Zondo is admitting his deliberate lies that are very costly to people's lives. Don't swim in their pool of shame. Be a lawyer who does not carry bargages home.

[@Charlescharles-m1y]

@@thembelanisithole4991 This one like Zondo are in WMC payroll.

[@MbuleloDyakop-ik7zx]

I'm worried you might not represent the government before the constitutional court

[@zamisapatrickshisinga8695]

This bill must be repealed and be ammended

[@marloeveltman423]

Were there ever amendments to the Bill in 30 years

[@laurencemakgabo1766]

Ship-in or ship-out

[@Futhi.Johnson]

Hayi yena lo...

[@ConfusedBobsleigh-to9lv]

Expropriation of the land is the best decision Mr Rama has made since he took the office. The state should own the land and the land should be giving back to the people it rightfully belong to.

[@MzamoAdoons-d6n]

But this is not what the Act is about🤣🤣🤣

[@ConfusedBobsleigh-to9lv]

@@MzamoAdoons-d6n some one wrote the constitution of this country and we can change it too

[@AmoMoëti]

@@ConfusedBobsleigh-to9lv you are contradicting yourself you say state should own the land and you also say the land must given to the people, which is which??? Surely you are of those gullible ANC supporters that being used by big english words to lie to you.

[@ronin2033]

@@AmoMoëti Dont worry while this guy drinks his chibuku riding the dream that will never come. Uncle Cyrille is counting his millions due to gullible people like Confusedbobsleigh.

[@ConfusedBobsleigh-to9lv]

@AmoMoëti what I meant here's that if state owns the land it'll be easy for them give some to people it rightfully belong. Coz the majority in SA are black people and they are landless because the land is not in the state control hands. Private sector control the land and they make sure it benefits them only

[@clementmpushe5957]

most things depend on location of the land. land is everywhere but does not meet social or economic imperative.

[@TzaboChakuze-vp7os]

The expropriation act is nothing new and infact finds it's roots in the group areas act and natives people act. The morality is not being being tested here. We are only looking at the premise - it's rooted in law. If we agree that the act was wrong/evil or otherwise we must proactively and expediatelty undo the wrongs.

[@JakesJama]

I agree let's be "proactive" and change this Act ! Undo the wrongs - The only way is to amend section 25 of the Constitution - That's the only way

[@siyandathabede4382]

He wrote the act 😅

[@johannbarnard2752]

Advocate , I hear you. There will ALLWAYS be difference of opinion. One call from the Union Buildings is all that it takes to ignite a " possible " storm. Be careful of what is said and how it is said. For the record: I do not own property.

[@Naphtali-gq8rf]

Respect Robert Mugabe😂

[@LindikhayaNgcanga]

So the same expropriation used by apartheid government is the same method proposed by the current government.

[@paulzoin]

Ziyakhala manje

[@TheFilipinoKid-l8k]

Enjoy your Assets while it's still in your name... Because they'll take it from you 😂😂😂😂

[@TheNqobziNqobz]

why is the bill starting to sound more like a DA bill

[@itumelengmedichane9879]

Those claiming that expropriation without compensation would actually infringe property rights ownership or the respect and protection thereto, fail to comprehend that the preamble of our constitution in speaking to the redress of the past injustices does in a way ensure some retroactivity in the constitutionalism of our law and must promote as such the 'property rights' of the dispossessed 'natives' also and must not be made less important. Capitalism is the real resistance if the equality clause would set standards for redistribution, which said in simple terms would mean "equal redistribution" even better, equitable. I mean if such expropriation does not take away from current minority the wealth and benefits already enjoyed for generations to some, why such difficulty to accepting the change that may be the only source of bread to others who are the majority. For as long as all this is done in love of our Country and all its people whether Black (coloured and others) or White, Native(including the Khoi and the San) or Naturalized why should a call for equality be hard or impossible to accept? Why should a call for justice seem like a call for crime?

[@Michelle-hwt-hr]

So true.

[@jacquesdewet2661]

It's obvious you want what's best for South Africa and it's people but you're being naive. Equality is a myth. You got any siblings? are you all equal? Imagine we applied the idea of equal redistribution to education. We take marks from the top performing students and redistribute them to the under performing students. How well do you think that would work? When the banks consider land a risky investment what do you think will happen? They going to borrow you money because they love South Africa? What you are calling for is incredibly risky considering politicians will be involved. Change will come through GROWING the economy to compete with the established markets.

[@coen8677]

You act as if the people who were moved didn't receive a different patch of land... Give one example of a successful socialist country in history. Just one? Don't say Cuba or Denmark because Cuba is one of the worst countries in the world and Denmark isn't a socialist country.

[@Charlescharles-m1y]

This fool when Zuma suggested thar there are discrepancy in the constitution. Then needs to be overhaul. They accused him caused they're controlled by Stellenbosh mafia

[@Psciyentist]

You said absolutely nothing, so you are a fool

[@Charlescharles-m1y]

I don't argue with.a fool

[@mandlenkosishabalala8890]

Who is Zuma after all?

[@theaklue987]

He claims the were here first and the land belongs to them. So where is the paperwork. And if it is your land why would you take it back. It's yours anyway. Right ?

[@shawnberry6110]

Archaeology is is used all over the world to prove original land ownership.

[@ColinPhillips-s5b]

@@shawnberry6110so Khoi right they were here first facts he will not accept the facts

[@shawnberry6110]

@ColinPhillips-s5b No, not the Khoi, they arrived here 2000 years ago. The SAN were here first, around 10 000 years ago. But now the Khoi and San are largely considered to be the same so I guess you could say the Khoisan. But they only occupied the Northern Cape, Western Cape and parts of the Southern Cape. Bantu tribes arrived here around 2000 years ago, along the East coast. The evidence for that is Great Zimbabwe and Mapungubwe.

[@tumelo7898]

​@ColinPhillips-s5b Khoi arrived first, who killed them and others who arrived second?.. Did blacks kill each other in masses for the land or they've shared it until Whites decided to "discover it" ? People back then were endogenous and probably didn't need these deeds.. they had understanding and lived together

[@darkgalaxy5548]

So nobody white can buy land or own land?

[@davidroux7987]

Typical KFR law

[@ElSuaveNinoMPT-EXT]

Boerkie 🤡

[@sihlenngcobo]

The ANC, under Ramaphosa and Mbalula, seems to have gone soft. Land was stolen, what can't it be taken back? Why does it need to be bought and negotiated?

[@TheFilipinoKid-l8k]

😂😂😂😂 but your home might be up for grabs too

[@chapter9363]

Why compensate someone who got the land illegal 🤔

[@amandadewet4022]

What if a white person buys land from a black owner. I that illegally acquiring land? How is it different from buying from a white owner. Fact is that most people who own land in South Africa where not given or took land away. They bought it with finance bonds from a bank. What many don't realise is not many white people receive inheritance money from parents. Most are looking after parents who don't own anything any more. People are living longer and paying huge sums of monet to medical bills to remain alive. Besides since 1994 everyone is born free, how long should those white people be punished. They are buying there own homes and many have married people who are not white. What about those children? Some skins are white and some dark. What race are they? Trevor Noah has no coloured heritage. His mom is a black lady and his dad white. How is he now suddenly a different race group? A lot to think about. A lot of expropriated land was given to privileged black people too. Do your own research.

[@TheFilipinoKid-l8k]

Dude worry about your own home.. they're taking your houses too😂😂😂😂

[@chapter9363]

@TheFilipinoKid-l8k watch the space ,land will return to its rightfull owner ,by the way have you watched (Chris Hani's killer interview)

[@RoshilaNair]

Take back the land and redistribute it to those from whom it was stolen. Ensure that every person living here in South Africa gets to have access to land that has the rewards or benefits of private property. Meaning those who have more will have to give up what is excess land and those who do not have get qiven what is due to them.

[@Macedonia270]

Yes, please do that...The ANC needs to negotiate with the USA, EU and UK for all foreigners (whites) to be given citizenship in these countries, in exchange for us willingly giving up our properties without and payment.... Africa is not for white people, we need to go home....

[@Daredevil311-g9l]

N please explain how people who can't put food on the table are now meant to find money to maintain n develop land? Your so blinded by emotion. Ewc will effect a small amount of ppl regarding land but the economic fallout effects everyone. Which company will invest millions into land n infrastructure on that land only to have it removed under the guise of public interest. Also how do people build generational wealth you can't hand land down to your family because at anytime the government can low ball you according to market value, you then reject it n then ewc occurs.

[@RogesvarieMoodley]

Agree, but first give back all the stolen money. Renovate all of the hijacked and abandoned buildings. Build homes in them. Give title deeds to the people you did create houses for. Then look at redistribution of land. Most blacks don't want to farm but rather move to cities so that they can find jobs.

[@Macedonia270]

@RogesvarieMoodley There was fck all when we arrived, everything on the country was created by us... We will leave that behind for an EU passport... Otherwise we will defend it legally for the next 50 years, then we get civil war and everything is destroyed... no one wins

[@Macedonia270]

@@RogesvarieMoodley At last! One of you who are at least honest...You don't want land, you want money to waste on flashy cars and clothes....

[@nkosidavid4734]

What does it mean for us the one's whom we are still waiting for our Grandparents farm that was taken by the Irish maning Engineer send by Britain it's like you come to my farm you take it you sleep with my daughter you give her five children. I want to tell the story of my grand grandmother on national TV with BabRamaphosa and the GNU representatives

[@meisievannancy]

Does Ireland have mining engineers?

[@craig6924]

Waffler

[@Techfun-1979]

The colonizers must stop make comparison of south africa and Zimbabwe& mozambique.We as indigenous,will we handle this matter with care and professional.Stop scaring us with markets,south africa will rise.You like it or not,our forefathers died for this land,we need it back,the state can own it all.

[@Draginsezluvnlite-jp8sv]

You just don't get it do you? PEOPLE WANT JOBS TO FEED THEIR FAMILIES. WITHOUT INVESTMENT WE LOSE JOBS! Simple! Whatever is done with the land, it has to be something that is PROFITABLE and KEEPS earning money otherwise the moeny runs out and the land is useless. HOW MANY PEOPLE ACTUALLY KNOW HOW TO DO THAT? And it's NOT just land, it's ALL property. It's also not just White or foreign people's property, is EVERYONE OF ALL RACES HERE IN SA! How will you like it if YOUR property is "in the public interest" and taken away? A young Black entrepreneur who has a brilliant idea and gets a patent for it OWNS that (it's called "intellectual property") If the state decides it's in public interest, they'll TAKE IT. If he's lucky he'll get what it's worth IF he can AFFORD to fight for its value IN COURT. If he even understands that to start off with. We are ALL losers if this is allowed to stand as law as it is. It's not a bad idea in principle - a LOT needs to go back to the people, but not like this. DON'T BE FOOLED BY THE POLITICAL SPEAK AND WAWAWA ABOUT LAND THIS AND LAND THAT. They're blinding you to the REAL facts.

[@meisievannancy]

Like Zimbabwe where the people all leave to come and work in south africa because uncle Bob said the colonialists are to blame for him taking all the land for himself and his cronies.

[@ColinPhillips-s5b]

Who says you indigenous are you Khoisan ??

[@ronellwilliams8781]

So why are you standing in the veld to report this??