Consider the current position on land reform as described in section 25 of the Constitution of the Republic of South Africa, 1996 and answer the following questions:
(a) Is expropriation without compensation currently possible under South African law? Provide a reason for your answer.
(b) Do you agree with the current expropriation arrangements, as set out in section 25? Provide a reason for your answer.
Recommendation 1: Section 25 of the Constitution must be amended and be clear about the expropriation of land and property without compensation. This will address historic wrongs of land dispossession, ensure fair access to land and empower the majority of South Africans.
Yes! I do agree with the existing expropriation arrangements since according to the Constitution of South Africa Section 25 (4)(b), “property is not limited to land” thus any property including movable property and immovable property may be expropriated.
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