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'Expropriation Bill attempting to bring laws in line with Constitution'

25 February 2021 12:17 PM
Tags:
Expropriation Bill

Section 25 property rights in the Constitution existed for years before the current bill says property law expert Prof Boggenpoel.

Find out why the expropriation bill does not mean 'ANC officials stand to seize anything you own'.

Public law and property law specialist at Stellenbosch University, Professor Zsa-Zsa Temmers Boggenpoel, explains.

The discussion should be more nuanced than that.

Professor Zsa-Zsa Temmers Boggenpoel, Public law and property law specialist - Stellenbosch University

I think there are some legitimate concerns that people are having regarding various aspects of the current Expropriation Bill.

Professor Zsa-Zsa Temmers Boggenpoel, Public law and property law specialist - Stellenbosch University

The expropriation power of the State is a far-reaching power. We should not underestimate that as having far-reaching implications for property rights.

Professor Zsa-Zsa Temmers Boggenpoel, Public law and property law specialist - Stellenbosch University

However, she says when talking about the new bill, it is important to look closely at the provisions of the bill.

She says there are two key points:

The rights of property in terms of Section 25 of the Constitution has existed for years, preceding the current bill she says.

It is important to put on the table that this is not a phenomenon brought about by the Expropriation Bill. It preceded the bill.

Professor Zsa-Zsa Temmers Boggenpoel, Public law and property law specialist - Stellenbosch University

It is also not a uniquely South African thing.

Professor Zsa-Zsa Temmers Boggenpoel, Public law and property law specialist - Stellenbosch University

Property is widely defined.

All that the bill tries to do is bring expropriation law in line with the Constitution. I think that is something that is a misconception that has been roaming around.

Professor Zsa-Zsa Temmers Boggenpoel, Public law and property law specialist - Stellenbosch University

She says it is also important to be clear who the expropriating authority is.

Every expropriation must be authorised.

Professor Zsa-Zsa Temmers Boggenpoel, Public law and property law specialist - Stellenbosch University

Take a listen to the discussion with Prof Boggenpoel in the audio below:




25 February 2021 12:17 PM
Tags:
Expropriation Bill

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