1887

n Journal of South African Law / Tydskrif vir die Suid-Afrikaanse Reg - Expropriation without compensation : principled decision-making instead of arbitrariness in the land reform context (part 1)

Volume 2020 Number 1
  • ISSN : 0257-7747

Abstract

1 Introduction

Section 25 of the Constitution of the Republic of South Africa, 1996, specifically authorises the state to expropriate land for land reform purposes, provided that a law makes provision for the expropriation and just and equitable compensation is paid. Even though this constitutional imperative is vital to both redress grave injustices of the past and, more importantly, enable the previously dispossessed to take their rightful place in society, an alarmingly limited number of properties have been expropriated for this significant societal goal. The reasons remain obscure, although it has recently been suggested that the requirement to pay just and equitable compensation is perhaps to blame for the slow pace at which land reform, and specifically redistribution, has been executed. A politically motivated idea of expropriation without compensation was consequently introduced against this backdrop of governmental idleness, effectively phrased to allow the state to expropriate any land without having to pay compensation.

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/content/journal/10520/EJC-1b1094a479
2020-01-01
2020-09-25

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