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Licensed Unlicensed Requires Authentication Published by De Gruyter December 7, 2016

Expropriations in South Africa: Dramatis Personae of the envisioned Expropriation Law

Cheri Young

Abstract

The Expropriation Act 63 of 1975 governs the process of expropriations in South Africa, though it is expected to be replaced by the Expropriation Bill [B4D-2015] (“Bill”). The Bill, if approved, will substantially overhaul the processes, roleplayers and stakeholders involved in, and impacted by, the expropriation process. The purpose of this paper is to set out the various roleplayers and stakeholders who play a role in the completion of the expropriation process. This includes parties who are necessarily involved and directly impacted, such as the expropriating authority and the expropriated property owner or holder. It also includes the secondary parties who, depending on the circumstances, may be expected to play a role, such as the valuer-general, appointed inspector, the courts and relevant organs of state. In addition, this paper will highlight some of the major amendments that the Expropriation Bill makes to the legal framework governing expropriations, particularly in respect of the stakeholders involved in the process

Acknowledgment

I gratefully acknowledge the input and assistance from Prof Hanri Mostert and Louie van Schalkwyk, whose comments were most helpful. Opinions expressed here, and remaining errors, are mine. They should not be attributed to the institution or any of the individuals mentioned.

Published Online: 2016-12-7
Published in Print: 2016-12-1

© 2016 Walter de Gruyter GmbH, Berlin/Boston

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