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

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