Mail & Guardian
Mail & Guardian
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‘Nil compensation’ is a legally and constitutionally sound tool that parliament has chosen to use to achieve legitimate governmental ends
ARTICLE

Expropriation Act: Van Staden misrepresents the Constitution and the law

‘Nil compensation’ in the Expropriation Act is a legally and constitutionally sound tool that parliament has chosen to use to achieve legitimate governmental ends

  • Dan Mafora
6 min read
Influence: Several political parties have voiced concern about overreach and lack of accountability in the judiciary. Photo: Delwyn Verasamy/M&G
COMPENSATION FOR EXPROPRIATION

The Expropriation Act is necessarily unconstitutional

Expropriation law is not a tool of punishment or reparation, it is a tool of social improvement that can only be used under exceptional circumstances

  • Martin van Staden
7 min read