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Realising Land Reform Through Expropriation : an Analysis of the Just and Equitable Compensation Requirement.

紀錄類型:	書目-電子資源 : Monograph/item
正題名/作者:	Realising Land Reform Through Expropriation : an Analysis of the Just and Equitable Compensation Requirement./
作者:	Mvunyiswa, Thamsanqa.
出版者:	Ann Arbor : ProQuest Dissertations & Theses, : 2021,
面頁冊數:	49 p.
附註:	Source: Masters Abstracts International, Volume: 83-03.
Contained By:	Masters Abstracts International83-03.
標題:	Case law. -
電子資源:	http://pqdd.sinica.edu.tw/twdaoapp/servlet/advanced?query=28701224
ISBN:	9798544211266

Realising Land Reform Through Expropriation : an Analysis of the Just and Equitable Compensation Requirement.
Mvunyiswa, Thamsanqa.

Realising Land Reform Through Expropriation : an Analysis of the Just and Equitable Compensation Requirement. - Ann Arbor : ProQuest Dissertations & Theses, 2021 - 49 p.

Source: Masters Abstracts International, Volume: 83-03.

Thesis (LL.M.)--University of Johannesburg (South Africa), 2021.

This item must not be sold to any third party vendors.

South Africa's history is characterised by injustice, from the dispossession of land belonging to the indigenous inhabitants during the colonial era, to the discriminatory laws under the apartheid government. Nowhere is this injustice more glaring than in the marginalisation of African people in relation to access to land specifically, and the right to property in general.1 The majority of people in South Africa, black people in the main, still have either no or insufficient access to land, despite being the majority and despite the promise of reform, as espoused in the Constitution of the Republic of South Africa, 1996 ("the constitution"). This is the backdrop to the current debate about land reform and the amendment of section 25 of the constitution ("the property clause"), namely whether expropriation without compensation ("EWC") should be allowed to fast-track land reform. This debate stems from the premise that paying just and equitable compensation for expropriation is frustrating the realisation of land reform and that abolishing this requirement is the answer to this challenge.My dissertation investigates the need to amend the constitution to fast track land reform. I examine whether expropriation, as a tool for achieving land reform, is being hampered by the "just and equitable compensation" requirement, as prescribed in section 25(3) of the constitution. In other words, whether it is permissible under the constitution, in its current form, to expropriate property without compensation. The analysis is specifically based on expropriation aimed at land reform objectives.The methodology I will use is to analyse primary sources, such as the constitutional text of the property clause, the relevant legislative framework and case law. I will further consider literature on the subject of land reform, expropriation and, most importantly, the just and equitable compensation requirement. I will conduct an analysis of the various factors that concern the determination of just and equitable compensation to determine what the just and equitable compensation requirement entails and whether it frustrates land reform. To do so, I will consider the role and impact of market value in the calculation of just and equitable compensation and the manner in which the courts have approached this factor, including the role of the two-step approach used by the courts to determine just and equitable compensation. My aim is to pull together the various sources in a coherent analysis that provides a clearer understanding of the just and equitable compensation requirement, its application by the courts and to shed light on the view that land reform is being hampered by the just and equitable compensation requirement.

ISBN: 9798544211266Subjects--Topical Terms:

3684068
Case law.

Realising Land Reform Through Expropriation : an Analysis of the Just and Equitable Compensation Requirement.
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