Land & Property (Art.25) 25. (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 -
(3) The amount of the compensation and the time and manner of payment must be just and equitable, reflecting and equitable balance between the public interest and the interests of those affected, having regard to all relevant circumstances, including -
(4) For the purpose of this section -
(5) The state must take reasonable legislative and other measures, within its available resources, to foster conditions which enable citizens to gain access to land on an equitable basis. (6) A person or community whose tenure of land is legally insecure as a result of past racially discriminatory laws or practices is entitled, to the extent provided by an Act of Parliament, either to tenure which is legally secure or to comparable redress. (7) A person or community repossessed of property after 19 June 1913 as a result of past racially discriminatory laws or practices is entitled, to the extent provided by an Act of Parliament, either to restitution of that property or to equitable redress. (8) No provision of this section may impede the state from taking legislative and other measures to achieve land, water and related reform, in order to redress the results of past racial discrimination, provided that any departure from the provisions of this section is in accordance with the provisions of section 36(1) (9) Parliament must enact the legislation referred to in subsection (6) Download as one MS Word file (44 pages, 183kb)Jump to cases for Canada, European Union, France, Germany, India, Namibia, Zimbawe. |
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