The Debate about Full, Partial or Nil Compensation in Expropriations for Land Reform Purposes in South Africa

Abstract

When democracy arrived in South Africa during the 1990’s, land reform became a constitutional imperative. It involves the redistribution of land, presently held mostly by white owners, in order to rectify wrongs of the past and to achieve a more representative pattern of land ownership amongst its various population groups. The land reform initiatives undertaken by the government have to date achieved limited success, and popular demands for new legislation (including possible amendments to the Constitution), new procedures and accelerated implementation are increasing. This paper focuses, against the backdrop of South Africa’s land reform initiatives, on the current state of the law on expropriation and on the debate relating to the determination of compensation, particularly on calls for nil or low level compensation. It also looks at existing and proposed legislation, reports by advisory panels and court judgments pertaining to the issue.