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European Property Law Journal

Editor-in-Chief: Erp, Sjef van

3 Issues per year

Online
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2190-8362
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Revising the Procedure for Expropriations in South Africa: 2015 Bill and 1975 Act compared

Hanri Mostert
  • Corresponding author
  • DST/NRF SARChI Research Chair: Mineral Law in Africa, University of Cape Town; Visiting Professor, Dept of Private and Notary Law, Rijksuniversiteit GroningenNetherlands
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Published Online: 2016-12-07 | DOI: https://doi.org/10.1515/eplj-2016-0012

Abstract

This article comments on the procedural novations in South Africa’s latest Expropriation Bill (2015), which is awaiting presidential signature. It questions the need for a revision of the scale envisaged by the Bill and concludes that the motivation for introducing a new generation of expropriation law is not primarily because the existing law is “of preconstitutional vintage” but rather because of far-reaching changes envisioned in government’s policies on land and agricultural reform. The analysis includes a comparison of the structure and content of the 2015 Bill and the existing Expropriation Act of 1975. It focuses particularly on the process envisaged by the Bill, and scrutinises the additional steps in the process added for accountability in the pre-expropriation phase: investigation, state consultation and notification. In conclusion the analysis is critical of the poor attempts at involving the expropriatee as a key stakeholder in consultations which should be formative of the decision to expropriate.

About the article

Published Online: 2016-12-07

Published in Print: 2016-12-01


Citation Information: European Property Law Journal, Volume 2016, Issue 3, Pages 170–205, ISSN (Online) 2190-8362, ISSN (Print) 2190-8273, DOI: https://doi.org/10.1515/eplj-2016-0012.

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© 2016 Walter de Gruyter GmbH, Berlin/Boston.Get Permission

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