The Usefulness of Michelman's Utilitarian Approach to Compensation for Expropriation in South Africa
24 Pages Posted: 9 May 2014
Date Written: July 18, 2012
Two recent court cases, Agri South Africa v Minister for Minerals and Energy 2013 (4) SA 1 (CC) and Mhlanganisweni Community v Minister of Rural Development and Land Reform and Others (LCC 156/2009) 2012 ZALCC 7 (19 April 2012) put compensation issues on the foreground again. This article uses these two cases to discuss Michelman’s theory of compensation as proposed in his seminal article, “Property, Utility, and Fairness: Comments on the Ethical Foundations of “Just Compensation” Law” (1967) 80 Harv L Rev 1165. The aim is to show what lessons we can learn from such a utilitarian perspective on compensation, and to assess whether this is useful in the South African context.
Keywords: Michelman, Utilitarian, Compensation, Expropriation
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