n Annual Survey of South African Law - Constitutional property law

Volume 2013, Issue 1
  • ISSN : 0376-4605



Following upon the much criticised draft Expropriation Bill 2008 of 26 March 2008, a further draft Expropriation Bill was released in March 2013 for public comment (Department of Public Works Draft Expropriation Bill [B-2013] GN 234, 36269 of 15 March 2013), together with an (, available at http://www.publicworks.gov.za/PDFs/Explanatory%20memorandum%20on%20the%20draft%20Expropriation%20Bill%20(2013-03-15).pdf). The preamble aligns the Bill with constitutional principles and requirements and indicates that the purpose is to replace the existing Expropriation Act 63 of 1975 with new legislation that is consistent with the expropriation provisions in ss 25(2) and 25(3) of the Constitution of the Republic of South Africa, 1996, (as well as with ss 9 and 33 of the Constitution and the Promotion of Administrative Justice Act 3 of 2000 ('PAJA')).

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