Expropriation Act case: Constitution does not have a category of no compensation, court hears
AfriForum has argued that section 25 of the constitution does not have a category of land expropriation without compensation, and should therefore be declared unconstitutional.
Return Expropriation Act to parliament AfriForum further argued against sections 19(2) and 19(3) of the Act, saying they contravened section 25 of the constitution.
The Act also states an expropriating authority must attempt to reach an agreement on the acquisition of the property before resorting to expropriation – except in circumstances where the right to use property temporarily is taken on an urgent basis in terms of a provision in the legislation ‘Interfering with balance’ The organisation further argued that when the government starts “interfering with balance”, it will end up with undercompensation.
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