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Showing items 1 through 9 of 7.
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Library Resource
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.
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Library Resource
Agri SA supported orderly land reform – equitable land distribution is a prerequisite for rural stability and inclusive rural development. Agri-SA believed that expropriation should only be used as a last resort where negotiations fail. There needed to be a clear purpose for expropriation. Compensation should never be dependent on the state’s ability to pay. The land owner should always be afforded recourse to the courts to contest both the merits of the expropriation and the compensation amount.
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Library Resource
The Committee continued with deliberations on the official list of proposed amendments to the Bill (A-list) accompanied by the B version of the Bill incorporating all the proposed amendments into the Bill. A DA member pointed out that the factors that had been highlighted in clause 12(1)(a), (b), (c), (d) and (e) had no direct monetary value and it was difficult to see how these factors would affect the compensation. There was a proposal that the Department should add a clause 12(2)(g) that would focus on the actual financial loss that had been incurred by the expropriated owner.
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Library Resource
The Deputy Minister of the Department of Rural Development and Land Reform (DRDLR), addressed the Committee on the motivation for the amendments to the Extension of security of tenure (land) Amendment Bill, saying the fundamental resolve was to overcome decades of hardship in South Africa. Its redress was not about obsolete political stories, but about the creation of just opportunities.
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Library Resource
The Department of Rural Development and Land Reform (DLDLR) provided a progress report on its interventions to address the challenges arising from the actions of the Rama Communal Property Association (CPA). The CPA had initiated some income generating activities on its land, which included a quarry business, and had started a museum and an entertainment centre that featured a cinema. In partnership with the Tshwane Metropolitan Municipality and private investors the CPA was in the process of developing houses on its land.
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Library Resource
Legislation & Policies
Jurisprudence
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.
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Library Resource
Legislation & Policies
Legislation
National Policies
The Land Act, 2012
The Land Registration Act, 2012
The National Land Commission Act, 2012
The Environment & Land Court Act, 2011
The Urban Areas & Cities Act, 2011
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