The unreasonableness of expropriation without compensation – MARTIN VAN STADEN
The Rule of Law principle at the heart of South Africa’s constitutional dispensation is there to prohibit arbitrariness from government and demand reasonableness. Government’s plans to bring about expropriation without compensation (EWC), especially as a constitutional amendment, is a good case study of that very arbitrariness our legal system has been set up to combat.
Section 1(c) of the Constitution makes provision for the supremacy of both the Constitution and the Rule of Law. This section can only be amended if 75% of the votes in the National Assembly are in favour, as opposed to other parts of the Constitution and the Bill of Rights which need a 66% majority.
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Publish date: 03 October 2019
The views expressed in the article are the author’s and are not necessarily shared by the members of the Foundation.