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South Africa’s Expropriation Act: Balancing Property Rights and Urgent Land Reform

Simon Osuji by Simon Osuji
February 5, 2025
in Business
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South Africa’s Expropriation Act: Balancing Property Rights and Urgent Land Reform
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South Africa’s newly passed Expropriation Act 13 of 2024 replaces the apartheid-era law to align property acquisition with constitutional principles. The act details procedures for expropriation, outlines compensation guidelines, and introduces a controversial “nil compensation” clause applicable only to land expropriated in the public interest. A law professor and scholar, who recently edited a book on land expropriation, notes that while the act protects landowners by requiring authorities to attempt voluntary agreements before proceeding, it may not deliver the radical land reform urgently needed to address historical inequalities. The legislation has ignited debate over its impact on private property rights versus its potential as a tool for reducing land inequality. As South Africans grapple with these challenges, the act forces a closer examination of how best to balance constitutional safeguards with effective, equitable land redistribution.

Source: The Conversation

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