1. Supporting documentation proving that there is no proof of land claim? It was gazetted in 2006 to help you.
2. Supporting documentation proving that the business and assets on top of the land are not accounted for in the valuation?
3. I generally don't support expropriation, although if done legally following a proper and fair legal process, I can cope with it.
4. They also received a notice of expropriation in 2017 way before the ANC even started speaking of EWC.
You forget that expropriation with compensation is lawful, regulated and with a long case law behind it (and don't come up with the ANC starting of BS like that, how do you think highways and railways were built in every single country around the world? Through expropriation) and that it's what's happening here.
The land won't become government owned land, there is a plaintiff in this case who lodged the claim in 1996.
It's in court, the courts actually do work pretty well in SA and it is one of the institutions I confide in, I have no doubt that it will be solved properly by the court in charge of this case.
We are not talking about buying up property to improve public infrastructure. Highways and new infrastructure can be built around obstructions, so this is irrelevant.
My wording was not great in my earlier post. I understand that there is a claim. To restore someone's lost rights, the courts cannot unfairly prejudice someone else. The land owners of this specific farm placed a value on their own land linked to their future potential earnings/value of the business, and are questioning the validity of the claim. The land owner's apparent rejection of the sale is based on value and VALIDITY of the claim. Shutting this business down is unfair prejudice.
What is concerning is that the Courts are going to be forced to rely upon a vague and superficial notion of equity ("just and equitable" as you alluded to above) which is not really reflected in the law as yet
. Maybe you could point me to something that the courts can work with to make this determination? The law holds that he who is unjustifiably enriched at the expense of another, is obliged, to the extent that it is reasonable, to compensate him by paying damages in the amount of his enrichment. The history of these issues will make is impossible to determine just and equitable damages.
In a free market, the supply and demand of goods and services are free from any intervention by a government, price-setting monopoly, or other authority. To determine these types of values, a system will have to be developed and will have to be managed by some sort of authority. Developed countries owe their success to separation of political and economic spheres. I am totally against price setting as it goes against these principles, and believe that the willing seller, willing buyer approach is the only sound economic decision. This is at the core of all these discussions and complaints on these forums. We are also looking to make Constitutional amendments without really understanding the problems from the current land reform program. You are an engineer. You should understand that trying to fix something without understand the underlying issue is a recipe for disaster.
No one is against expropriation in valid cases. What we are against is using this process as a way to spring board land ownership redistribution off of it.
I am not sure how long you have been in SA, but you need to know that there is a deep mistrust of the Government. It's almost cultural at this point. Maybe in Europe there is a belief that those governments will do what is best for all the people, that is not the case in this country. There are factions within the ANC that want ideological changes, and revenge, even if it means decimating the economy and building it up from scratch. This means that people will fight anything, even if they seem reasonable, down to the tooth and nail.