| Autor: |
Joshua, Mawere, Alex, Hungwe Nyasha, Lee, Kugara Stewart, Eva, Matshidze Pfarelo, Decide, Mdhluli Tsetselelani, Lucky, Vuma |
| Předmět: |
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| Zdroj: |
African Journal of Development Studies; 2021 Special Issue, Vol. 11, p243-264, 22p |
| Abstrakt: |
This paper is a philosophical examination on the legality of expropriating land without compensation in South Africa. In light of recent legal developments in South Africa, the National Assembly tabled and approved a resolution to amend section 25 of the Constitution in order to accommodate land expropriation without compensation. However, it is alleged that the National Assembly did not address any possible legal consequences that could affect the holders of real rights. It is for this reason that this paper seeks to assess the possible consequences of amending section 25. The paper used an international and regional law framework to undertake this analysis. Through using the doctrinal approach, the paper found out that it is legal to expropriate land without paying compensation to redress historical land inequalities. The value of the study is that it makes original contributions to knowledge, particularly in its innovative approach to resolve the constitutional conundrum presented by the lack of funds for compensation for expropriation versus the imperative for land reform in South Africa. However, in expropriating land without compensation, South Africa should employ a considerably more mindful solution that will not crush financial sectors and jeopardise the lives of many. [ABSTRACT FROM AUTHOR] |
| Databáze: |
Complementary Index |
| Externí odkaz: |
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