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Media release: Land reform bills threaten everything the struggle achieved

 09 Apr 19
Should the change to section 25 of the Constitution to allow expropriation without compensation (EWC) go ahead, government, in effect, while continuing to recognise property rights, will fail in its constitutional duty to protect them.…

Right to compensation central to protecting human rights

 09 Jan 19
Government’s push to water down the constitutional protection for property rights in South Africa by amending the Constitution should shock everyone of whatever race or socio-economic background.…

Amending the Constitution on shaky grounds will cause illegitimacy

03 Dec 18   Martin van Staden
Removing the right to compensation when expropriating property that is currently contained in section 25 of the Constitution, will be a lethal blow to the legitimacy and stability of our constitutional order if done under present conditions.…

Expropriation without compensation is a contradiction in terms

01 Oct 18   Martin van Staden
For better or worse, there is no government in the world that does not possess the power to expropriate the private property of its subjects.…

Media release: Bad faith public participation in EWC hearings a travesty of participatory democracy

20 Sep 18   FMF Media Release
The Free Market Foundation’s (FMF) exclusion from the expropriation without compensation (EWC) parliamentary hearings is an affront to South Africa’s participatory democracy and the land rights struggle.…

How to provide responsibly for expropriation without compensation

17 Sep 18   Martin van Staden
If the Constitution is to be amended to provide for expropriation without compensation (EWC) – something South Africans of all stripes should oppose in principle – there are either safer or more dangerous ways to go about it.…

Media release: Expropriation without compensation will require 75 per cent vote – Professor Robert Vivian

17 Sep 18   FMF Media Release
75% of the National Assembly vote would be required to change the Constitution to allow general expropriation without compensation, not 66% as the ANC and EFF believe, according to Robert Vivian, Professor of Finance and Insurance, Wits School of Eco…

EWC is an assault on the constitutional right to dignity

Land dispossession was commonplace in pre-democratic South Africa. People were kicked off their land because past regimes had no regard for individual property rights.…

Expropriation of property without compensation – 75 per cent required to change the Constitution

22 Aug 18   Robert W Vivian
It seems the African National Congress (ANC) is determined to press ahead with the expropriation of property without compensation. This raises a number of constitutional questions. These questions and offered answers have appeared in the press.…

Gauteng government is undermining constitutional democracy

19 Jun 18   Martin van Staden
Some in government believe that they were given carte blanche when they were elected.…

Unconstitutional subdivision restriction the major obstacle to rapid land reform

14 May 18   Roan Stoop
If the constitutionality of the Subdivision of Agricultural Land Act (Act 70 of 1970) was challenged in the Constitutional Court it would likely lead to the repeal of the subdivision restriction on farmland.…

Expropriation without compensation would affect the rule of law

09 May 18   Gary Moore
The Expropriation Act authorises government expropriation of private property for market-value compensation.…