It is legal to expropriate land without compensation?

Picture: Supplied

Land expropriation without compensation has been a hotly debated topic with many questions arising surrounding the legality of this process.

Independent Legal Consultant, Ben Winks says that parliaments resolution to expropriate land without compensation does not mean it will happen immediately.

It is simply a decision that parliament will initiate a process to amend the constitution to make expropriation of land without compensation explicitly permissible.

Ben Winks, Independent Legal Consultant

What that would entail - a constitutional amendment - would mean that you would need not only two thirds of a national assembly to vote in favor of it, but you would also have to have special processes of public participation.

Ben Winks, Independent Legal Consultant

You're looking at something that would take several months of intense public participation.

Ben Winks, Independent Legal Consultant

As to whether it is legal to have land expropriation without compensation at this point in time, the short answer is not really.

Winks says that in the constitution it states land can only be expropriated without compensation if it is just and equitable, but the lines defining this are blurred.

Listen to the full conversation and see more quotes below:

What the constitution says is that land may be expropriated subject to just and equitable compensation.

Ben Winks, Independent Legal Consultant

In certain circumstances it has been argued that zero compensation is just and equitable.

Ben Winks, Independent Legal Consultant

Click here (then “like” the page) to follow Bruce on Facebook.

Enter your email address in the form below to receive a newsletter containing the most-read articles of the week from Bruce Whitfield’s The Money Show every Friday morning in your inbox.

Subscribe to our Business Wrap Newsletter


Recommended

by NEWSROOM AI
Read More
Banks have R180 billion exposure to land as collateral

Banks have R180 billion exposure to land as collateral

Arabile Gumede talks to Cyril Mbatha (Unisa Graduate School of Business Leadership) and Cas Coovadia (Banking Association of SA).

Land expropriation: 'ANC will push for a watered-down version of EFF demands'

Land expropriation: 'ANC will push for a watered-down version of EFF demands'

Land researcher Professor Ruth Hall says the seeming agreement between the ANC and EFF on Tuesday's motion was a false consensus.

[LISTEN] The glue that joined the DA and EFF was Jacob Zuma - analyst

[LISTEN] The glue that joined the DA and EFF was Jacob Zuma - analyst

Somadoda Fikeni says the EFF was smart when they entered into coalitions with the DA but have always been far apart politically.

[LISTEN] Caller Sue: 'We don't want to remain blinkered to our white privilege'

[LISTEN] Caller Sue: 'We don't want to remain blinkered to our white privilege'

Sue talks about using white privilege to help right things in South Africa and the need to understand land redistribution.

ANC may be forced to make quick concessions on land expropriation - analyst

ANC may be forced to make quick concessions on land expropriation - analyst

Mcebisi Ndletyana gives his take on debates around the expropriation of land without compensation.

Popular articles
Mashaba: DA is no longer a movement that can save South Africa

Mashaba: DA is no longer a movement that can save South Africa

Herman Mashaba announced that he will be resigning from the DA and subsequently as Joburg mayor, effective at the end of November.

Mashaba is free to do what he likes, says Helen Zille

Mashaba is free to do what he likes, says Helen Zille

The newly elected Democratic Alliance FedEx chair says she has not spoken directly to Joburg mayor about his resignation.

Joburg mayor Herman Mashaba calls it quits

Joburg mayor Herman Mashaba calls it quits

Herman Mashaba's resignation comes after the announcement of Helen Zille as the DA's new federal council chair this past weekend.

[WATCH] Oregon coach hugging student after disarming him of shotgun, goes viral

[WATCH] Oregon coach hugging student after disarming him of shotgun, goes viral

Khabazela shares tweets and Facebook posts that have gone viral.

[WATCH] Toddler upset that mom didn't give him a goodbye kiss, is so adorable

[WATCH] Toddler upset that mom didn't give him a goodbye kiss, is so adorable

Khabazela shares tweets and Facebook posts that have gone viral.

'Today I say to Mmusi Maimane, you are the leader and I am the toilet cleaner'

'Today I say to Mmusi Maimane, you are the leader and I am the toilet cleaner'

New Democratic Alliance Federal Council chair Helen Zille outlines her plans for her new role.

5 retirement saving tips for those who left it late

5 retirement saving tips for those who left it late

It’s better to start late than never! The Money Show’s Bruce Whitfield interviews Jeanette Marais.