Section 25: Property Rights - Expropriation & Land Reform
Section 25 protects property rights while enabling land reform. Learn the difference between deprivation and expropriation.
Section 25: Property
The Right (25(1))
"No one may be deprived of property except in terms of law of general application, and no law may permit arbitrary deprivation of property."
Expropriation (25(2))
Property may only be expropriated if:
- For a public purpose or in the public interest
- Subject to just and equitable compensation
Land Reform (25(5)-(9))
- State must take reasonable measures to foster access to land
- Redress past racial discrimination
- Reform of tenure systems
- Expropriation without compensation in certain cases (Amendment Act 2021)
Key Cases
- First National Bank v Commissioner SARS (2002) — Deprivation vs expropriation
- Agri SA v Minister (2013) — Expropriation and compensation
- Mkontwana v Nelson Mandela Municipality (2005) — Sale in execution
Exam Tips
Deprivation = Taking property under law (e.g., tax, forfeiture) — requires non-arbitrary law
Expropriation = Forced acquisition for public purpose — requires compensation
Two-Stage Test
Stage 1: Is it a deprivation? (If yes, is the law arbitrary?)
Stage 2: Is it an expropriation? (If yes, was it for public purpose + just compensation?)
Tags: #section25 #property #expropriation #landreform #billofrights
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