Expropriation without compensation: This is how the Constitution could be amended

The ad hoc committee tasked with amending Section 25 met on Wednesday for what committee chairperson Mathole Motshekga termed a"constitutional dialogue on land ownership", chaired by former Constitutional Court judge and current inspecting judge of correctional services Johann van der Westhuizen.Advocate Charmaine van der Merwe of Parliament's legal services presented two options the unit had drafted on how Section 25 could be amended.

Where compensation is payable, the amount of the compensation and the time and manner of payment must be just and equitable, reflecting an equitable balance between the public interest and the interests of those affected, having regard to all relevant circumstances. Property may be expropriated only in terms of a law of general application;

the current use of the property; the history of the acquisition and use of the property; the market value of the property; the extent of direct state investment and subsidy in the acquisition and beneficial capital improvement of the property; and the purpose of the expropriation. Property may be expropriated without compensation only in terms of a law of general application; for a public purpose or in the public interest.

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