Expropriation Act: ‘Compensation isn’t just ka-ching’ – Lawyers advised against dictionary definitions of constitution

“Section 12(3) of the Expropriation Act does not depart from the constitutional standard of just and equitable, because, when you read it, it is clear that it permits nil compensation only where it may be just and equitable in the light of all relevant circumstances, which include the listed and unlisted relevant circumstances, in much the same way that section 25 (3) does.“When it is read properly, it is clear that in relation to expropriation, the constitution only guarantees the right to just and equitable compensation, and not merely compensation per se.“If we look back to our dark past of land dispossession, and the court was right to mention this terrible history that we have of exercising powers to take land from people and give them nothing, that is a mistake and should never be made again, and it would be no solace at all if the apartheid government after kicking people out, then said, don’t worry, your compensation cheque is in the mail, you open the mail and the cheque says zero,” argued Oppenheimer.