What is needed for expropriation without compensation?

A discussion surrounding land expropriation and the necessary requirements to change the constitution was recently hosted at the Free Market Foundation in Bryanston.

The foundation is a non-profit, public benefit organisation, created by pro-free-market business and civil society national bodies to work towards a non-racial, free and prosperous South Africa.

Professor Robert Vivian, a lecturer for finance and insurance at the University of the Witwatersrand said that there are two critical questions which need to be addressed during discussions about land expropriation without compensation.

The first question is whether or not expropriation without compensation can be done without amending Section 25 of the constitution and if a change of the constitution will be necessary, what percentage of the National Assembly will be required to change it.

Vivian first highlighted that Section 25 refers to property and not land specifically which is what the debate has primarily focused on. “Depending on the wording of the proposed changes we could be talking about expropriation of all property in South Africa so it’s much broader than just land.”

In order to discuss the amendment to the constitution it first needs to be discussed whether expropriation without compensation is a violation of the rule of law, human rights or racial.

Vivian said that if any of these three are found to be true there will also need to be an amendment to Section 1 of the constitution which focuses on the values of equality and achieving human rights. If the change is not made then the amendment will be a violation of the constitution.

In order to amend the constitution, 75 per cent of the national assembly needs to vote in favour of the change. He added that if the amendment is found to breach the rule of law, human rights or is racial, it will need to be discussed whether or not there can be limited expropriation within limits so as not to violate any of those points.

Vivian argued that according to the rule of law if the state does take private property it needs to be for public use and must be compensated for.

Details: Free Market Foundation 011 884 0270.

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https://www.citizen.co.za/sandton-chronicle/200611/the-law-on-land-grabs/

https://www.citizen.co.za/sandton-chronicle/200047/discussions-about-land-reform-dominate-national-forum-for-dialogue-on-land-heritage-and-human-rights/