The legality of land expropriation without compensation in South Africa: A comparative in international legal approach

Abstract

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.