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The Expropriation Act, 2024’s “Nil Compensation” – A Legal Analysis

Daniela Ellerbeck covers the two main legal concerns regarding the Expropriation Act.

The post THE EXPROPRIATION ACT, 2024’S “NIL COMPENSATION” – A LEGAL ANALYSIS appeared first on FW de Klerk Foundation.

It is submitted that it does not pass the section 36 test. This can be seen when looking at the relevant factors listed in section 36(1), but specifically the factor about the relation between the limitation and its purpose:

Here the 2017 High Level Panel on the Assessment of Key Legislation and the Acceleration of Fundamental Change’s findings that the lack of funding is not the cause for the slow and failed pace of land reform, but rather the causes of the bottleneck are a lack of political will, corruption and a reverting back by the State to an Apartheid-style State-stewardship and elite capture (see pages 34, 37 and 51 of the Panel’s report).

This means that the Expropriation Act’s provisions for “nil compensation” fail to pass the section 36 test, because it fails to meet the necessity of a relationship between the limitation and its purpose. These provisions are inconsistent with the Constitution and thus invalid..continue reading this article HERE.

 

Mosiuoa Lekota: {2001 – 2009} Lekota, a former leader of the ANC, focused on modernizing the SANDF
and addressing issues of military readiness and personnel welfare during his tenure. He also advocated for increased transparency in defence procurement.

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