International treaties will make expropriation without compensation even trickier

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International treaties will make expropriation without compensation even trickier

A map of the Tzaneen CBD to be affected by land expropriation. Image: Letaba Herald

South Africa’s bilateral agreements with foreign countries could be one of the major hurdles for the country to implement land expropriation without compensation, as the process should not interfere with certain investors.

The ad hoc committee on Section 25 – appointed by parliament to initiate the possible amendment to section 25 of the constitution last week – learnt that there were 49 bilateral international treaties it has to observe if it intended to change the constitution to be in line with appropriation without compensation. The treaties contained legal prescripts on the expropriation and compensation on property of any investors from countries it was co-signatory within those treaties. The SA government may face a challenge if the new legislation could be construed to impact negatively on the value of land belonging to a...

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