Property cannot be taken from you without lawful process and fair compensation. This includes informal arrangements where someone takes or controls assets ...
FreeChapter 2 — Bill of RightsConstitution of South Africa, 1996
The Constitutional Text
What Section 25 Says
(1) No one may be deprived of property except in terms of law of general application, and no law may permit arbitrary deprivation of property. (2) Property may be expropriated only in terms of law of general application— (a) for a public purpose or in the public interest; and (b) subject to compensation, the amount of which and the time and manner of payment of which have either been agreed to by those affected or decided or approved by a court. (3) The amount of the compensation and the time and manner of payment must be just and equitable, reflecting an equitable balance between the public interest and the interests of those affected.
What This Means for You
Plain-Language Explanation
Practical Significance
Property cannot be taken from you without lawful process and fair compensation. This includes informal arrangements where someone takes or controls assets you are entitled to.
Common Questions
Frequently Asked Questions
Can the government take my land?
Only through lawful expropriation for a public purpose or in the public interest, with just and equitable compensation. Arbitrary deprivation of property is prohibited. Any expropriation without compensation or without following the correct legal process can be challenged in court.
Does Section 25 protect informal property rights?
Courts have extended property protection to informal arrangements — including long-term occupation of land — particularly when combined with the housing right in Section 26. The PIE Act reflects this by requiring a court order for any eviction.
The Advocate gives you 149 real South African scenarios — with exact rebuttals grounded in the Constitution, statute law, and Scripture. Know your rights. Know your word.