Dear friend of the FMF
In this week’s feature article, Gary Moore explains why an amendment to the Constitution to allow for expropriation without compensation would be a fundamental violation of the Rule of Law. Moore explains how the Constitution already allows for expropriation. In 2017, the High Level Panel reported that government had failed to effectively use the powers available to it in the Constitution and that an amendment is not necessary to speed up land reform. Expropriation without compensation for land reform purposes would impair the Rule of Law by limiting people’s fundamental rights to property and equality as well as their protection against unfair discrimination. It would also violate SA’s obligations under international law.
Expropriation without compensation would affect the rule of law – GARY MOORE
The Expropriation Act authorises government expropriation of private property for market-value compensation.
The Constitution states that compensation for expropriation must reflect “equitable balance” between the public interest and interests of those affected, having regard to “all relevant circumstances” including the property’s current use, the history of its acquisition and use, market value, any state investment or subsidy in the acquisition or capital improvement of the property, and the expropriation’s purpose.
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Wednesday, 23 May 2018 MEDIA BRIEFING – Terence Corrigan (IRR) and Temba Nolutshungu (FMF) – Expropriation Without Compensation @ FMF – more info to follow
Wednesday, 31 May 2018 EVENING EVENT – Cecelia Kok (FNS) – The value of liberalism @ FMF – more info to follow
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Publish date: 09 May 2018
The views expressed in the article are the author’s and are not necessarily shared by the members of the Foundation.