Beyond Expropriation Without Compensation: Law, Land Reform and Redistributive Justice in South Africa

doi:10.1017/9781009380829

Beyond Expropriation Without Compensation

Law, Land Reform and Redistributive Justice in South Africa

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Mathiba, Gaopalelwe 2024. Compulsory acquisition of property for urban densification in South Africa: an answer to the chronic housing backlog?. International Journal of Urban Sustainable Development, Vol. 16, Issue. 1, p. 299.

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Edited by Olaf Zenker, Martin-Luther-Universität Halle-Wittenberg, Germany, Cherryl Walker, Stellenbosch University, South Africa, Zsa-Zsa Boggenpoel, Stellenbosch University, South Africa

Publisher:: Cambridge University Press
Online publication date:: March 2024
Print publication year:: 2024
Online ISBN:: 9781009380829
DOI:: https://doi.org/10.1017/9781009380829
Creative Commons:: This content is Open Access and distributed under the terms of the Creative Commons Attribution licence CC-BY-NC 4.0 https://creativecommons.org/creativelicenses

Subjects:: Constitutional and Administrative Law, Socio-Legal Studies, Law, Jurisprudence
Series:: Cambridge Studies in Constitutional Law

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Speeding up land reform through a constitutional amendment that would explicitly permit the expropriation of land without compensation has dominated legal and political-policy debates in South Africa in recent years. Taking this politically and emotionally charged issue as its starting point, this volume offers both expert commentary on this issue from a variety of disciplinary perspectives and also fresh ideas on how to advance the redistributive transformation that South Africa so urgently needs. It brings critically important debates around transformative property law, the need for diversified land justice and the possibilities of alternative forms of redistribution into productive conversation with each other. While grounded in the complex realities of South Africa's past and present, the volume speaks to concerns that resonate in many contexts in the Global South and beyond. It will appeal to scholars, students, policymakers and general readers concerned with both the theory and practice of redistributive justice. This title is also available as Open Access on Cambridge Core.

‘Many countries undergo post-conflict transitions, but few meaningfully address the longstanding socio-economic inequalities that fueled violence. Beyond Expropriation without Compensation goes to the heart of the tensions between liberal constitutionalism and the redistribution of land and economic resources, and is essential reading for all those interested in post-apartheid South Africa and redistributive justice more broadly.’

Richard Ashby Wilson - Professor at University of Connecticut School of Law

‘Intellectually astute and politically courageous, this book is easily the most important work of scholarship yet on the vexed issue of land reform in South Africa. The combination of analytical rigor and the lucidity of writing means that this well-edited work will be an enduring reference for scholars of ‘the land question’ while at the same time serving as an accessible and exciting read for the general public.’

Jonathan Jansen - Professor at Stellenbosch University

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