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

702 welcomes all comments that are constructive, contribute to discussions in a meaningful manner and take stories forward.

However, we will NOT condone the following:

  • Racism (including offensive comments based on ethnicity and nationality)
  • Sexism
  • Homophobia
  • Religious intolerance
  • Cyber bullying
  • Hate speech
  • Derogatory language
  • Comments inciting violence.

We ask that your comments remain relevant to the articles they appear on and do not include general banter or conversation as this dilutes the effectiveness of the comments section.

We strive to make the 702 community a safe and welcoming space for all.

702 reserves the right to: 1) remove any comments that do not follow the above guidelines; and, 2) ban users who repeatedly infringe the rules.

Should you find any comments upsetting or offensive you can also flag them and we will assess it against our guidelines.

702 is constantly reviewing its comments policy in order to create an environment conducive to constructive conversations.

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
[LISTEN] Father shares how he shot the man who raped his daughter

[LISTEN] Father shares how he shot the man who raped his daughter

Johannesburg father, Chris says he had just come back from work when he walked in on an employee raping his 17 year old daughter.

Human trafficking: The life of drugs and prostitution - Grizelda Grootboom

Human trafficking: The life of drugs and prostitution - Grizelda Grootboom

The author of Exit, Grizelda Grootboom, explains how she was trafficked, drugged and sold for sex on the streets of Joburg.

Why the PAC wants South Africa renamed Azania

Why the PAC wants South Africa renamed Azania

Pan Africanist Congress's Narius Moloto explains why it supports the name Azania, a word which he says has Arabic origins.

Is the lovable Winnie The Pooh a boy or girl?

Is the lovable Winnie The Pooh a boy or girl?

A trending Twitter debate has left social media users arguing over whether Winnie the Pooh is a girl or boy.

UPDATE: Chilling WhatsApp from Marli van Breda's ex-boyfriend read out in court

UPDATE: Chilling WhatsApp from Marli van Breda's ex-boyfriend read out in court

Marli van Breda's ex took the stand in the trial of triple murder accused Henri van Breda.

3 easy questions could bag you R2000!

3 easy questions could bag you R2000!

WIN R2000! But only if you can prove you're a whiz of the MTN Biz Quiz by answering the following three questions...

Blesserfinder: Matching you with a sugar daddy near you

Blesserfinder: Matching you with a sugar daddy near you

Is social trend Blesserfinder, where girls are allegedly matching up with rich 'benefactors' in exchange for sex, a real thing?