‘Determination of equitable compensation for land expropriation is not a technical exercise’

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The determination of just and equitable compensation is not a technical exercise nor it is reduced to a simple mathematical equation. These are some of the concerns raised during submissions during the public consultation process on the Constitution 18th Amendment Bill.

It is reflected in the Ad Hoc Committee report to amend Section 25 of the Constitution to Expropriate Land Without Compensation. The report has been published in the daily parliamentary publication – the Announcements, Tablings and Committee (ATC) report.

The Ad Hoc Committee’s lifespan has now ended after completing its work on time.

The rights of the individual must be weighed up against the interest of the fiscus. This is in one of the submissions arguing against who is best placed to determine fair compensation when land and property is expropriated. In the committee report, the submitter says the court is best placed to make value judgement on compensation.

Parliament’s progress on allowing expropriation of land without compensation: Dr. Mathole Motshekga

The submission says it is also critical for the courts to have powers to use their discretion because compensation may differ between properties of a similar value depending on the circumstances of the owner and the expropriation.

The Committee report and the Bill will be brought before the National Assembly for final approval after the local government elections.

The Bill was adopted by the Committee on Friday last week while the Committee report was adopted on Wednesday.

The next step will be to consider the report and the Bill for final approval of the House.

The Order Paper of the National Assembly reflects that the Bill and the Ad Hoc Committee report are the first items scheduled for debate when the House resumes after the Local Government Elections.

Discussion on amendments to Section 25 of the Constitution with Mathews Phosa