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Reconciling the state's duties to promote land reform and to pay just and equitable compensation for expropriation

Van Der Walt, A. J. (2006-01)

CITATION: Van Der Walt, A.J. 2006. Reconciling the state's duties to promote land reform and to pay 'just and equitable' compensation for expropriation. South African Law Journal, 123(1):23-40.

The original publication is available at https://journals.co.za/content/journal/ju_salj

Article

The apparent conflict between the state’s duties to promote land reform (specifically equitable access to land, as provided for in s 25(5) of the Constitution, 1996) and to pay just and equitable compensation for expropriation (s 25(2) and (3) of the Constitution) has been in the news recently because of allegations that the government’s commitment to the willing-seller/willing-buyer principle stood in the way of effective and speedy land reform. The government has been criticized in this respect both for its apparent hesitation to use its expropriation powers for land reform purposes and for its seeming unwillingness to speed up land reform by expropriating land against compensation at less than market value.

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