Page 26 - Msingi Afrika Magazine Issue 35

Community
Community

South Africa’s Land

Expropriation Act

Written by: Rutendo Matinyarare, South Africa

very interesting debate has arisen on social media about whether the new
Expropriation Act will enable the South African government to undertake
A expropriation without compensation in the absence of an amendment of Section 25
of the South African Constitution.

The only problem I see now is that, as usual, despite being empowered by the new legislation
to take land without compensation in certain circumstances, black South Africans are once
again caught up in analysis paralysis, instead of strategizing on how to use the tools provided

by this new law—for the first time in democratic South African history—to sequestrate land
stolen in 1913 and restore it to its rightful owners.

In my analysis, the simple failure of South Africans to understand that Section 25 of the

Constitution, when read in its entirety, is not a clause meant solely to protect property rights
but it is more to ensure redress, land reform, equitable distribution of resources and restitution

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