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Eminent domain • Bills • Law • Soil • Government

Alternative effort by the IRR fills the many gaps in the expropriation bill​ Institute of Race Relations sets out how municipalities should proceed when expropriating property The current Expropriation Act of 1975 contradicts the constitution and needs to be changed. However, the government’s proposed Expropriation Bill, which was gazetted earlier this month, is as unconstitutional as the law it is intended to replace. What is to be done? The answer lies in developing an alternative bill, which the Institute of Race Relations (IRR) has done. Three core improvements must be included in this far better measure. First, a municipality or any other organ of state wanting to expropriate land or other property must, in the event of a dispute, obtain a high court order confirming the constitutional validity of a proposed expropriation before it proceeds to take possession of it. By contrast, the bill allows a municipality — once it has completed simple preliminary steps — to expropriate proper...

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