MARKET value is not the sole determinant for compensation when land was being expropriated for restitution purposes, according to a Land Claims Court judgment on Tuesday.While some political parties, notably the Economic Freedom Fighters, have criticised the Constitution’s property clause for entrenching historic inequality, others have argued that the radical potential of its expropriation provisions has yet to be tested.Although the judgment remained within the boundaries of the Constitutional Court’s and Land Claims Court’s earlier approach to expropriation, it emphasised that while market value should be considered, this was not the only factor.According to the Constitution, when expropriating property, compensation must be "just and equitable". Determining what would be just and equitable requires considering and balancing "all relevant circumstances" including market value, the property’s acquisition history and the purpose for expropriating it.Acting Judge Tembeka Ngcukaitobi...
Would you like to comment on this article?
Sign up (it's quick and free) or sign in now.
Please read our Comment Policy before commenting.
Subscribe now to unlock this article.
Support BusinessLIVE’s award-winning journalism for R129 per month (digital access only).
There’s never been a more important time to support independent journalism in SA. Our subscription packages now offer an ad-free experience for readers.
Cancel anytime.
Questions? Email helpdesk@businesslive.co.za or call 0860 52 52 00. Got a subscription voucher? Redeem it now.