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Journal of Public Administration (JOPA)

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ISSN : 2
The role of government in expediting land expropriation : reshaping the future of land reform

Author: Desan Iyer

Affiliation: University of Zululand

Source: Journal of Public Administration, 2023-04-05 12:37:32

Accreditation: Department of Higher Education and Training(DHET)



Abstract: The role of government in expediting land expropriation : reshaping the future of land reform

In an effort to realise its constitutional obligation towards land reform, it is crucial for government to ensure that land redistribution is expedited and regulated within the proper legislative frameworks. This article analyses the current legal framework regulating land expropriation in South Africa and takes a closer look into the link between expropriation law and administrative law and the role that each plays in the land reform process. The Constitution of the Republic of South Africa of 1996 highlights the State's obligation to redress the land inequalities of the past. However, the current Expropriation Act, which is the key legislative instrument governing expropriations in South Africa, predates the expropriation mechanism provided for in Section 25(2) of the Constitution and appears to be in discord with the highest law of the land. The author highlights the inconsistencies that exist within the current legal framewor