The Expropriation Act is necessarily unconstitutional

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File photo by Delwyn Verasamy/M&G

When people consider the unconstitutionality of Acts of Parliament, they usually have discrete provisions in mind that conflict with provisions of the Constitution.

The new Expropriation Act has plenty of that, but this Act is also necessarily unconstitutional given its conceptual approach to the domain of expropriation law per se.

Let us start with the low-hanging fruit, however: the incongruence between the Expropriation Act and the…



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