n Annual Survey of South African Law - Constitutional protection of property and land reform

Volume 2006, Issue 1
  • ISSN : 0376-4605



The dispute in 2006 (1) SA 297 (CC), 2005 (11) BCLR 1053 related to the correct approach to determining compensation, and the correct amount to be paid in terms of s 12 of the Expropriation Act 63 of 1975 for an expropriation under s 8 of the National Roads Act 54 of 1971. It was contentious whether s 8(1)(c) of the Roads Act, read with s 12(1)(b) of the Expropriation Act, rather than s 8(1)(b) of the Roads Act read with s 12(1)(a) of the Expropriation Act was the correct basis for determination of compensation following expropriation. This case and outcome are discussed in detail in the chapter on the Law of Property. Here it should merely be noted that all of the decisions in the saga have elicited criticism from academic quarters. Most of the problems with the various decisions are summarized by AJ van der Walt 'The state's duty to pay "just and equitable" compensation for expropriation : Reflections on the case' 2006 7 765-78; and further 'Reconciling the state's duties to promote land reform and to pay "just and equitable" compensation" 2006 23-40.

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