Property & Housing
Expropriation
Expropriation is the compulsory acquisition of private property by the state for a public purpose. The Constitution requires just and equitable compensation.
Legal Definition
Section 25(2) of the Constitution allows the state to expropriate property only for a public purpose or in the public interest, subject to just and equitable compensation determined by considering: market value, current use, history of acquisition, extent of state investment, and purpose of expropriation.
📖 Constitutional / Statutory Basis: Section 25, Constitution of the Republic of South Africa, 1996; Expropriation Act 13 of 2024
Practical Example
The government expropriates a farm for land reform. The owner is entitled to just and equitable compensation — which may be less than market value depending on the relevant factors.
Frequently Asked Questions
Can the state expropriate any property?
Only for a public purpose or in the public interest — not for private benefit. Courts scrutinise the public purpose requirement.
Can expropriation happen without compensation?
The Expropriation Act 13 of 2024 allows for nil compensation in limited circumstances (e.g., abandoned land or land held purely for speculative purposes). This is subject to constitutional challenge.
Can I challenge expropriation?
Yes. You can approach the High Court to challenge whether the purpose is genuinely public, whether due process was followed, or whether compensation is just and equitable.
Related Terms
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