n Stellenbosch Law Review = Stellenbosch Regstydskrif - The (shelved) Expropriation Bill B16-2008 : an unconstitutional souvenir or an alarmist memento?

Volume 22, Issue 2
  • ISSN : 1016-4359
  • E-ISSN: 1996-2193



The Expropriation Bill B16-2008 was introduced to give effect to the constitutional provision on expropriation and related matters. When the Bill was tabled in 2008, it was met with public resistance that eventually led to the Bill being withdrawn.

This article will look at the history of the Expropriation Bill and the criticisms levied against the Bill. Some of the contentious issues that are discussed are the courts' power to determine compensation, the wide authority to expropriate property, the uncertainty about the meaning of public purpose and the determination of the compensation amount.
The article argues that the resistance to the Bill is alarmist, since, if the current Expropriation Act 63 of 1973 is interpreted in accordance with (the transformative spirit of) the Constitution, it will have the same results. It argues that with a few minor, mostly grammatical, changes the legislature can overcome most of the criticism and allow the Bill to be a legislative measure to achieve land and other related reforms.

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