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SECTION 1 AND THE PROBLEMS OF CONSTITUTIONALISING EXPROPRIATION WITHOUT COMPENSATION IN SOUTH AFRICA

If passed, the Eighteenth Amendment Bill will modify the right to property contained in section 25 of the Constitution of the Republic of South Africa, 1996, to allow government to expropriate property without necessarily being required to render compensation. It has been argued that the Constitution already implicitly allows for expropriation without compensation, and that the Eighteenth Amendment will simply “make explicit that which is already implicit”. It has also been said that land reform has proceeded too slowly, and that amending the Constitution would make it more effective.

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