Expropriation without compensation has been a controversial topic amongst South Africans since the possibility thereof was first announced by the President. The latest Expropriation Bill was introduced to Parliament on the 12th of October 2020.
Expropriation is not a new concept in South African law.
If the government redistributes land to its historical owners, it can finally start to address what has been called South Africa’s “original sin,” and, by proxy, race-based inequality. Recommendation 1: Section 25 of the Constitution must be amended and be clear about the expropriation of land and property without compensation. This will address historic wrongs of land dispossession, ensure fair access to land and empower the majority of South Africans. Moneyweb’s article unpacks each of the above in greater detail, and also breaks down how a compensation amount is settled on.
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The Joint Constitutional Review Committee (JCRC) today adopted its report in favour of an amendment of section 25 of the Constitution to make it possible for the state to expropriate land without compensation in the public interest. The Alliance for Rural Democracy marched to Parliament on 11 September 2018 to deliver demands which support land expropriation without compensation. “I agree with honourable Malema that we will not solve the social ills confronting South Africa without addressing the question of land,” he said. He then committed to making good on delivering changes to the constitution which would explicitly allow for expropriation without compensation.
2021-04-08 · On 13 December 2019, the Constitution Eighteenth Amendment Bill (the Amendment Bill) was published in the Government Gazette. Since then, a lot of water has passed under the bridge with regards to
2021-01-14 2019-01-14 2021-03-26 In December 2019, parliament invited the public to provide written comment by 29 February on a draft amendment to the constitution to allow for land expropriation without compensation. Once the 2018-04-13 2020-02-20 In February 2018, the Parliament of South Africa passed a motion to review the property ownership clause of the constitution, to allow for the expropriation of land, in the public interest, without compensation, which was widely supported within South Africa's ruling party on the grounds that the land was originally seized by whites without just compensation. South African officials claim that the land … There are currently three proposals on how to amend Section 25 of the Constitution to allow expropriation of land without compensation - two from Parliament's legal unit and one from the EFF. 2018-11-15 2021-02-05 2018-11-23 The first view is that Section 25 is an impediment to the expropriation of land without compensation, and needs to be amended. In particular, Sections 25 (1), 25 (2) (b) and 25 (3) were highlighted as problematic.
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The ANC had dominated all elected positions since the advent of democracy. President Cyril Ramaphosa told the ANC at the start of the year that passing legislation to allow for land expropriation without compensation is a priority for the ruling party this year. It is move that would most likely deal a devastating blow to the already troubled SA economy because it will deter investment. Land expropriation without compensation – the loaded term which elicits varied fervent responses from the South African public – will, once again, prove its socio-political impetus in 2019. Last The Bill must also make it clear that, if the compensation is not paid in time, the notice of expropriation will automatically fall away and have no further legal force. This is necessary to safeguard owners and ensure that expropriating authorities cannot take ownership or possession without the prior payment of compensation. The new Expropriation Bill 2020 was gazetted on Friday, and will now be submitted to parliament.
It will for the first time allow the expropriation of property without compensation. But this can only happen in select circumstances, and the courts will remain the ultimate arbiter.
Expropriation is not a new concept in South African law. In the ICSID case of Bernahrd von Pezold and Others v Zimbabwe, the tribunal held that there had been a violation of “fair and equitable treatment” by the Zimbabwean government in the expropriation of land without compensation of not only white citizens but also of individual foreign investors who owned immovable property. The government had allowed the expropriation of such foreign investors’ land, thus breaching bilateral treaty agreements. In December 2019, parliament invited the public to provide written comment by 29 February on a draft amendment to the constitution to allow for land expropriation without compensation. Once the The expropriation without compensation (EWC) debate refuses to die.
“For me this is, and it must be, a new conversation among South Africans. Government published a Bill to amend the right to private property in the Constitution and allow for expropriation without compensation. The public has until
2018-11-23 · This piece is the transcript of a lecture titled: “Expropriation Without Compensation: South Africa, Welcome to Zimbabwe,” delivered at the Conference on Security of Property Rights in Johannesburg, South Africa, organized by the Free Market Foundation, on November 20th, 2018. When South Africa officially this bill is not a result of the process to amend section 25 of the constitution to enable expropriation at nil compensation.
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Oct 24, 2018 South Africa is debating the most contentious constitutional amendment through which land can be expropriated without compensation.
On 13 December 2019, the Constitution Eighteenth Amendment Bill (the Amendment Bill) was published in the Government The Constitution commits South Africa to the rule of law, which requires, among other things, the government to act lawfully, for a proper purpose, in good faith and rationally. This means that, in the context of expropriation without compensation, the State – South Africa’s only flirtation with liberty was a brief stint in the 1990s, at the height of the optimism around the end of the socialist Apartheid regime. Now, its Parliament is at an advanced stage of adopting a constitutional amendment that would allow the government to expropriate private property without compensation, which would be disastrous for the people and the economy of South Africa.