What is the difference between land restitution and land redistribution?

What is the difference between land restitution and land redistribution?

Restitution involves people claiming back land taken away from them after June 1913, or compensation for their loss. Land redistribution involves acquiring and transferring land from white farmers to black farmers, for a variety of purposes, including farming and settlement.

What is the difference between deprivation of property and expropriation of land?

Deprivation is said to usually involve non-acquisitive interference with property, although it can in some instances result in the states acquiring property, while expropriation mostly entails state acquisition of property, though this (again) need not always be the case: see Van der Walt Constitutional Property Law …

What is restitution land?

If you were dispossessed of a land right after 19 June 1913, in terms of racially discriminatory laws and practices, you are entitled to restitution of that right or equitable redress. All claims are against the State, no one may be deprived of property except in terms of law of general application.

What is the difference between expropriation and appropriation?

As nouns the difference between appropriation and expropriation. is that appropriation is an act or instance of while expropriation is the act of expropriating]]; the surrender of a claim to private property; the act of [[deprive|depriving of private propriety rights.

Is determining compensation a pre requisite for the constitutional validity of expropriation?

The Court held that determining compensation as a pre- requisite for expropriation is not compatible with the Constitution and would burden the State unduly.

Is land expropriation without compensation legal?

If the NA passes the 18th Amendment, the Bill will then be referred to the National Council of Provinces (NCOP) for engagement with the provinces on the Bill. Once the law passes, it will allow for the expropriation of land and property without compensation.

When can land be expropriated without compensation?

The Bill lists five instances where land can be expropriated without compensation (clause 12). These are: 1. land occupied or used by a labour tenant (as defined in legislation); 2. land held for purely speculative purposes; 3. land owned by a state corporation or state entity;

What is the law on expropriation?

Currently, expropriation is allowed and is governed by both the Constitution and the Expropriation Act. Section 25 (2) of the Constitution (the property clause) is quite clear: expropriation is allowed subject to compensation, which must be just and equitable.

What is Section 25 of the Constitution about expropriation?

Section 25 (2) of the Constitution (the property clause) is quite clear: expropriation is allowed subject to compensation, which must be just and equitable. Expropriation decisions are taken by the Executive (government) and the courts can review those decisions and make a binding order.

Will South Africa’s constitution change in 2020?

Changing the Constitution to allow for expropriation without compensation has certainly ignited South African politics for 2020. It is worthwhile cutting through the noise. Currently, expropriation is allowed and is governed by both the Constitution and the Expropriation Act.