Theses and Dissertations

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Browsing Theses and Dissertations by Subject "346.04568"

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    The legality of land expropriation without compensation in South Africa: A comparative in international legal approach
    (2020-09-21) Mawere, Joshua; Iyi, John - Mark; Mopai, Zamokhule
    The focal problem anchoring this study, is that there is no consensus on the legality of expropriating land without compensation in South Africa in light of international and regional laws. Therefore, the study examines the legality of expropriating land without compensation in South Africa. This study aims to find out whether expropriating land in South Africa without compensation is legal, taking in to account the international, regional and sub-regional standards on compensation. It further seeks to find out whether the proposed methodology of expropriating land without compensation is in tandem with sub regional, regional and international laws. In addition, the study seeks to find out whether it is legal and necessary to amend the property clause to permit the expropriating of land without compensation in South Africa. The study gave an appraisal of the historical background igniting the volatile issue of expropriation of land without compensation. The study also analysed international and regional instruments governing issues concerning expropriation of property and compensations. Lastly, the study undertook a comparative international legal exposition between South Africa, China and Zimbabwe on the issue of land expropriation without compensation. This was simply done to establish the acceptable compensation regime at both the domestic and international level.
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    ItemOpen Access
    Pre-and post-constitutional deprivation of land in South Africa: A human rights perspective
    (2023-05-19) Maphalaphathwa, Livhuwani Dollance; Raphulu, T. N.
    The application of apartheid laws and practices in South Africa led to extreme inequalities relating to land ownership and use. The racially discriminating laws legitimised the dispossession of land and placed prohibitions on land ownership for the majority of the population, in particular blacks, coloureds and Indians. Though these laws were finally abolished, a new democratic South Africa faces numerous challenges such as the unequal distribution of land in the country. The first instances of deprivations and dispossessions of land in South Africa can be traced back to the colonial era. Although evidence suggest that deprivations and dispossessions occurred before 1913, there is an anomaly in the current Constitution in Section 25(7) as it only allows equitable redress to those deprived of land after 19 June 1913. The Constitution and subsequent legislation ignore the deprivations and dispossessions that occurred before 1913 and the people affected by such pre-1913 deprivations are left without any equitable redress. Using a doctrinal methodology, this study investigated the pre and post constitutional deprivation of property rights in South Africa from a human rights perspective. The study found that laws and practices that legitimised land deprivations and dispossessions are associated with colonialism as they pre-date 1913. The study further found that Section 25(7) of the South African Constitution does not provide any equitable redress to those deprived or disposed of land before 1913. The protection of those people can, however, be in terms of legislation enacted under the provisions of Section 25(8), but the government has not enacted such legislation. International law now recognises the right to property, and any equitable redress should be in line with international law principles.