n Annual Survey of South African Law - Constitutional property law

Volume 2008, Issue 1
  • ISSN : 0376-4605



An Expropriation Bill was tabled during 2008 but later withdrawn, after heated (and sometimes exaggerated) public comment and debate, including threats to oppose the Bill through political action and, should it become law, through constitutional litigation. The reintroduction of the (possibly amended) Bill was mooted in the media towards the end of 2008, but at the time of writing this has not happened. The strongest criticism of the Bill was that it would make it possible for the state to expropriate land and determine the amount of compensation for expropriation of land arbitrarily and unilaterally, without the expropriated owner having proper recourse to the courts to dispute the amount. As the overview below suggests, this fear is possibly unfounded or overstated.

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