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
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.
Recommendedby NEWSROOM AI
Arabile Gumede talks to Cyril Mbatha (Unisa Graduate School of Business Leadership) and Cas Coovadia (Banking Association of SA).
Land researcher Professor Ruth Hall says the seeming agreement between the ANC and EFF on Tuesday's motion was a false consensus.
Somadoda Fikeni says the EFF was smart when they entered into coalitions with the DA but have always been far apart politically.
Sue talks about using white privilege to help right things in South Africa and the need to understand land redistribution.
Mcebisi Ndletyana gives his take on debates around the expropriation of land without compensation.
The bank rewards innovation with substantial bonuses and pays according to output not hours at work, says Lesley-Anne Gatter.
The Money Show’s Bruce Whitfield interviews Nicky Newton-King, CEO at the JSE Limited.
CEO Dr Broomberg has rubbished reports that a KwaZulu-Natal patient died after the company stopped payments.
Eusebius McKaiser facilitates debate with analysts on Cyril Ramaphosa's State of the Nation Address.
Busisiwe Mkhwebane is reportedly probing President Cyril Ramaphosa for alleged money laundering to the tune of R400m.
The rapper, singer and songwriting superstar walked away with the best new international act on Sunday evening in Los Angeles.
A waitress at The Beerhouse in Fourways who received the generous donation wants to finish her matric and become a paramedic.
You've probably never heard of Chuck Feeney. Nevertheless, he’s one of the strangest, most impactful people who has ever lived.