In this case, which was  heard before the Constitutional Court of the Republic of South Africa, The Restitution of Land Rights Amendment  Act 15 of 2014  was declared invalid. The Act, among other things, sought to extend the period in which land restitution claims could be  lodged. However, the court found that the Parliament did not sufficiently  consult with key stakeholders including those who had successfully  lodged claims under the previous Act of 1994. 

In Nigeria, the recurring impoverishment and other negative socioeconomic impacts endured by landholders affected by expropriation are well-documented and call into question the Land Use Act’s (LUA) effectiveness in protecting local land rights. The World Bank’s Land Governance Assessment Framework found that, in Nigeria, “a large number of acquisitions occurs without prompt and adequate compensation, thus leaving those losing land worse off, with no mechanism for independent appeal even though the land is often not utilized for a public purpose”.

This paper examines whether national expropriation and land laws in 30 countries across Asia and Africa put Indigenous Peoples and local communities at risk of expropriation without compensation. In particular, this paper examines whether national laws ensure that communities are eligible for compensation and whether eligibility requirements effectively close the door on communities seeking compensation.

Article One:

This law has been enacted in accordance with paragraph (4) of article 40 of the Constitution of Afghanistan.

Objectives

Article Two:

The objectives of this law are as following:

This Law determines procedures relating to expropriation in the public interest

Tanzania and Mozambique — countries of vast mountain ranges and open stretches of plateaus — now face a growing land problem. As soil degradation, climate change and population growth place enormous strains on the natural resources that sustain millions of people, multinational companies are also gunning for large swaths of land across both countries. Caught between these pressures, many poor, rural communities get displaced or decide to sell their collectively held land.

Tanzania and Mozambique — countries of vast mountain ranges and open stretches of plateaus — now face a growing land problem. As soil degradation, climate change and population growth place enormous strains on the natural resources that sustain millions of people, multinational companies are also gunning for large swaths of land across both countries. Caught between these pressures, many poor, rural communities get displaced or decide to sell their collectively held land.

A l’occasion de l’adoption du Code forestier en 2001, le Gabon a instauré un droit au partage des bénéfices au profit des communautés locales impactées par l’exploitation forestière. Alors que la législation forestière est actuellement en cours de révision, ce document a pour objectif de formuler des recommandations pour consolider l’encadrement de ce droit et sa mise en oeuvre.

In Nigeria, the recurring impoverishment and other negative socioeconomic impacts endured by landholders affected by expropriation are well-documented and call into question the Land Use Act’s (LUA) effectiveness in protecting local land rights. The World Bank’s Land Governance Assessment Framework found that, in Nigeria, “a large number of acquisitions occurs without prompt and adequate compensation, thus leaving those losing land worse off, with no mechanism for independent appeal even though the land is often not utilized for a public purpose”.

The Deputy Minister of Public Works presented the latest version of the Expropriation Bill, with some amendments that had been proposed by the Committee or other commentators at earlier sessions. Members firstly wanted to clarify whether this Bill was not preventing other spheres of government from exercising expropriation powers, and the Deputy Minister clarified that any such processes would have to be in line with legislation and following the precepts of Chapter 3 of the Bill.

With the Minister of Public Works in attendance, the Deputy Minister gave a briefing on the Expropriation Bill (B4-2015). He said that expropriation is an essential mechanism for the state to acquire property in certain instances. Section 25 of the Constitution provides that property may be expropriated only in terms of general application and to that no law may permit arbitrary deprivation of property. The Constitution states that expropriation may occur only for a public purpose or in the public interest and subject to payment of compensation.

The Committee was briefed by the Ingonyama Trust Board (ITB) on its third quarter 2014/15 performance and financial report. Apologies were received from the Minister and Deputy Minister. At the outset, Members expressed their dismay that the ITB was reporting from a document that contained different figures to the one sent through to Members earlier, and it was difficult to follow the presentation. Secondly, several commented that the reporting format was problematic, as it did not conform to standard practices nor terminology as used in the Public Finance Management Act.