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Major change proposed for land expropriation will sideline courts

27 January 2020 7:25 PM
Tags:
South Africa
Land
Land expropriation
to make room for land expropriation in constitution

A new amendment will cut out South African courts as the ‘decider’ on whether or not the state will pay for land it expropriates.

A new amendment will sideline South African courts as the ‘decider’ on whether or not the state will pay for land it expropriates. and will instead give that power to the minister of land reform.

The current bill states that the courts should be the arbiter when determining whether the state should pay for expropriated land.

The bill on land expropriation without compensation is currently open for public comment.

Now the ANC comments are not part of what is sitting in the government gazette that is due for comment. The ANC is speaking as a party pretty much like you and I are talking about this bill.

Bulelwa Mabasa, director, head of land reform restitution & tenure, Werksmans Attorneys

When it comes to compensation this is where warring parties or parties in conflict must be able to present their cases in court before a judge and taking into account expert information to come up with the best amount of compensation that must be payable.

Bulelwa Mabasa, director, head of land reform restitution & tenure, Werksmans Attorneys

What is the cause of the slow pace of land reform? This is what happens when politics overtakes the law. If this was a truly legal inquiry we would probably be left with a situation where we are fixing all the wrongs of land reform that go into lack of political will, corruption and just complete ineptitude. Land reform is not just a legal issue, it is an issue that requires social justice.

Bulelwa Mabasa, director, head of land reform restitution & tenure, Werksmans Attorneys

Listen to the full interview below.

Get the 10 most-read articles of the week from Bruce Whitfield’s The Money Show, emailed to you every Friday morning.




27 January 2020 7:25 PM
Tags:
South Africa
Land
Land expropriation
to make room for land expropriation in constitution

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