“AfriBusiness supports property rights. We monitor what happens in parliament, deliver input, and take cases to court if necessary. But it would not be wise to put all one’s eggs in the basket of better political decisions. Therefore, we also work to protect our members’ interests – and the public interest – even under the […]

What EWC would do to the constitutional order

(Edited version of Sakeliga CEO Piet le Roux’s submission to the Constitutional Review Committee) The problem with South Africa’s debate about expropriation without compensation is that its Parliament got the question wrong. At first glance, what is debated is whether the Constitution should be amended to facilitate expropriation without compensation. However, this superficial question obscures […]

The implications of expropriation without compensation for constitutionalism

Analysis by Professor Koos Malan, Professor of Public Law at the University of Pretoria, for Sakeliga as part of Sakeliga’s submission to the Constitutional Review Committee on the question of amending the Constitution for expropriation without compensation 1. Summary Expropriation without compensation, more correctly, the confiscation of property, is a patent invasion into the basic right to private […]