Custodianship of land can be a burden too heavy for the state to bear
The high court on the ruling Ingonyama Trust leasing land held in custody highlights the dangers
The ad hoc committee tasked with amending section 25 of the constitution was due to submit its report to the National Assembly on May 31, but obtained an extension until the end of August. The reason? Political parties on the committee asked for more time to deliberate on what the amendment bill should look like.
The bill that was published for public comment stuck to the committee’s original mandate, namely to make explicit that just and equitable compensation for expropriation can be nil. However, there have now been calls for an amendment that would place all land under the custodianship of the state — hence the need for further deliberations. This is problematic, and we illustrate here why...
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