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Unpacking the who, what and why of the Expropriation Bill

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The land reform debate over the last few years in South Africa can at best be described as controversial, political and mostly emotional, more specifically so in the context of expropriation. From the outset, it should be noted that the current Expropriation Act, 1975 (the 1975 Act) is completely outdated and predates the Constitution and the South African expropriation laws were in dire need of being overhauled.

Land discourse being used as smoke and mirrors

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The land debate, as hackneyed as it is, is being used by both the EFF and the ANC as a proxy fix to whitewash various crises that face the poor black majority in the country. In this article I’ll examine four basic reasons why 'the land' by itself will neither restore dignity nor be a catalyst for the advancement for the poor black majority.

Turning around the failure of South Africa’s land reform projects

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Two important developments have recently taken place on the ongoing land reform discussion front.

Expropriation of land without compensation | Constitution to be amended!

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ANC President Cyril Ramaphosa announced in a statement last night (31 July 2018) that amendments will be made to the constitution to enable the expropriation of land without compensation.

Land reform hampered by unconstitutional subdivision restriction!

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If the constitutionality of the Subdivision of Agricultural Land Act (Act 70 of 1970) was challenged in the Constitutional Court it would likely lead to the repeal of the subdivision restriction on farmland. This would make small farms much more affordable in South Africa.

Dilemmas of land reform for the Ramaphosa era

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When the democratically elected government took power in 1994, led by the ANC, three central elements of land policy were announced: land restitution, land redistribution and tenure reform. Land issues are being debated intensely and there are a number of interesting new developments: a new presidency of the ANC; a pending Restitution Amendment Act at present invalidated by the Constitutional Court; the High-Level Panel report to parliament; a new Communal Tenure Bill; and a land audit by AgriSA.

Radical economic transformation political – Rhetoric?

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Talk of radical economic transformation, a concept that has dominated public discourse in recent months, is an outcome of government policy failures, which have left the majority black population on the margins of the mainstream economy, speakers argued during a panel discussion organised by the University of Cape Town Graduate School of Business (GSB) on Wednesday 19 April.

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