Résultats de la recherche | Land Portal

Résultats de la recherche

Showing items 1 through 9 of 24.
  1. Library Resource
    Législation et politiques
    août, 2008
    Afrique du Sud

    The Department of Land Affairs introduced the Provision of Land and Assistance Amendment Bill and explained that this Bill was intended as an administrative piece of legislation to supplement the provisions of the principal Act. Currently, in terms of that Act, the Department was authorised to acquire land, but was not authorised to acquire the immovable property essential to the proper use of that land – such as irrigation schemes, plant and equipment, farming implements or livestock. Without having those powers, the Department could not fulfil its functions properly.

  2. Library Resource
    Législation et politiques
    mars, 2015
    Afrique du Sud

    With the Minister of Public Works in attendance, the Deputy Minister gave a briefing on the Expropriation Bill (B4-2015). He said that expropriation is an essential mechanism for the state to acquire property in certain instances. Section 25 of the Constitution provides that property may be expropriated only in terms of general application and to that no law may permit arbitrary deprivation of property. The Constitution states that expropriation may occur only for a public purpose or in the public interest and subject to payment of compensation.

  3. Library Resource
    Législation et politiques
    juillet, 2015
    Afrique du Sud

    The South African Institute of Race Relations said the Bill made it difficult for the compensation amount to be decided by a court, and the Bill did not allow the courts to examine and rule on the validity of the expropriation. The Bill tried to limit how often people could go to court about the amount of compensation. The IRR argued that 60 days was not enough time for the claimant to institute legal proceedings for the determination of the compensation, this should be extended to 180 days. Compensation should include damages for additional losses.

  4. Library Resource
    Législation et politiques
    juillet, 2015
    Afrique du Sud

    Agri SA supported orderly land reform – equitable land distribution is a prerequisite for rural stability and inclusive rural development. Agri-SA believed that expropriation should only be used as a last resort where negotiations fail. There needed to be a clear purpose for expropriation. Compensation should never be dependent on the state’s ability to pay. The land owner should always be afforded recourse to the courts to contest both the merits of the expropriation and the compensation amount.

  5. Library Resource
    Législation et politiques
    août, 2015
    Afrique du Sud

    The Deputy Minister of Public Works, Mr Jeremy Cronin, briefed the Committee on the preliminary responses of the Department of Public Works (DPW) to the inputs received during the public hearings on the Expropriation Bill [B4- 2015]. However, the Department had been expecting that the Committee would finalise its report on those hearings and thus did not yet have a full written response. The DPW acknowledged that there were many useful points but had not accepted all input.

  6. Library Resource
    Législation et politiques
    août, 2015
    Afrique du Sud

    The Deputy Minister of Public Works continued to take Members through the comments made during the public hearings on the Expropriation Bill, indicating what comments had been made and whether the Department agreed with them or had other views. The Department had added to the Preamble to make it clear that section 34 of the Constitution provided that anyone had the right to approach the courts for resolution of a dispute. In relation to the definitions, there was discussion on whether the Bill should refer to both high courts and magistrates’ courts.

  7. Library Resource
    Législation et politiques
    septembre, 2015
    Afrique du Sud

    The Bill incorporating the proposed amendments was not yet ready so the Deputy Minister discussed with the Committee some of the proposed changes to the Bill that had been agreed upon so far.

    Members raised concerns about the variation in judgements in Magistrates Courts; the potential definition of expropriation; definition of property being not limited to land. Some MPs wanted to “subject to the payment of just and equitable compensation” and just add “according to the Constitution and the Act”.

  8. Library Resource
    Législation et politiques
    septembre, 2015
    Afrique du Sud

    The Deputy Minister of Public Works presented the latest version of the Expropriation Bill, with some amendments that had been proposed by the Committee or other commentators at earlier sessions. Members firstly wanted to clarify whether this Bill was not preventing other spheres of government from exercising expropriation powers, and the Deputy Minister clarified that any such processes would have to be in line with legislation and following the precepts of Chapter 3 of the Bill.

  9. Library Resource
    Législation et politiques
    octobre, 2015
    Afrique du Sud

    The Department produced a Working Draft of the Bill that incorporated all the proposed amendments previously made by the Committee. The Deputy Minister indicated that the Department had introduced the definition of “disputing party” in clause 1, which indicated that the “ disputing party includes an owner, holder of an unregistered right, expropriated owner or expropriated holder that does not accept the amount of compensation offered in terms of clause 14(1)”.

  10. Library Resource
    Législation et politiques
    octobre, 2015
    Afrique du Sud

    The Committee considered the official list of proposed amendments to the Bill (the A-list) accompanied by the B version of the Bill incorporating all the proposed amendments into the Bill.

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