Silence is Golden: The Lack of Direction on Compensation for Expropriation in the 2011 Green Paper on Land Reform

25 Pages Posted: 21 Jan 2014

Multiple version iconThere are 2 versions of this paper

Date Written: July 27, 2012

Abstract

The government set the target for redistribution of land to 30% by 2014. They have adopted the “willing-buyer-willing-seller” model that relies on a voluntary transaction between farmers and government to acquire such land. Frustrated at the slow pace of land reform, the ruling party is starting to indicate that the state will in the future rely on its expropriation powers to acquire such land. Section 25 of the Constitution makes it clear that when the state expropriates property, that compensation must be paid. The current act, the 1975 Expropriation Act, determines that such compensation must be market value, while the Constitution lists market value is listed as only one of at least five factors that must be taken into account when determining compensation.

There have been various attempts at drafting legislation that will bring compensation practices in line with the Constitution, with the latest Bill published in March 2013. This article focusses on the Green Paper that preceded the Bill, and argues that not much direction is given on how compensation for expropriation should be calculated.

Keywords: Land Reform, Compensation, Expropriation, Green Paper, Willing-buyer-willing-seller

Suggested Citation

du Plessis, Elmien, Silence is Golden: The Lack of Direction on Compensation for Expropriation in the 2011 Green Paper on Land Reform (July 27, 2012). Available at SSRN: https://ssrn.com/abstract=2381884 or http://dx.doi.org/10.2139/ssrn.2381884

Elmien Du Plessis (Contact Author)

North West University - Faculty of Law ( email )

Potchefstroom, North West
South Africa

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