Reconciling the state's duties to promote land reform and to pay just and equitable compensation for expropriation
Date
2006-01
Authors
Journal Title
Journal ISSN
Volume Title
Publisher
Juta Law
Abstract
The apparent conflict between the state’s duties to promote land reform
(specifically equitable access to land, as provided for in s 25(5) of the
Constitution, 1996) and to pay just and equitable compensation for
expropriation (s 25(2) and (3) of the Constitution) has been in the news
recently because of allegations that the government’s commitment to the
willing-seller/willing-buyer principle stood in the way of effective and
speedy land reform. The government has been criticized in this respect both
for its apparent hesitation to use its expropriation powers for land reform
purposes and for its seeming unwillingness to speed up land reform by
expropriating land against compensation at less than market value.
Description
CITATION: Van Der Walt, A.J. 2006. Reconciling the state's duties to promote land reform and to pay 'just and equitable' compensation for expropriation. South African Law Journal, 123(1):23-40.
The original publication is available at https://journals.co.za/content/journal/ju_salj
The original publication is available at https://journals.co.za/content/journal/ju_salj
Keywords
land reform,
Citation
Van Der Walt, A.J. 2006. Reconciling the state's duties to promote land reform and to pay 'just and equitable' compensation for expropriation. South African Law Journal, 123(1):23-40.