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A major moment in South Africa’s Constitutional Court could have serious consequences for the legal challenge against the Expropriation Act.
During arguments concerning property rights and compensation under Section 25 of the Constitution, the Institute of Race Relations’ legal representative conceded that “nil” could constitute a number when determining just and equitable compensation. The judge immediately questioned whether this position contradicted arguments advanced by AfriForum, the Free Market Foundation and other parties opposing zero compensation.
Did this concession inadvertently strengthen the government’s case for expropriation without compensation?
In this video, I examine the courtroom exchange, the distinction between “nil compensation” and an amount of compensation, and why requiring property owners to challenge the state after expropriation could place an enormous burden on ordinary South Africans.
I also consider the constitutional requirement for just and equitable compensation, the role of market value and the potential implications of allowing the government to initially determine that a property owner should receive zero rand.
This is political and legal commentary based on the court proceedings and should not be regarded as legal advice.
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