Property law changes planned for 2023 – 4 important bills to keep an eye on

Dolby

Honorary Master
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Jan 31, 2005
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32,630
Without reading - guess they're negative bills ... ?
 

konfab

Honorary Master
Joined
Jun 23, 2008
Messages
36,120
Well Nope if you are an ANC cadre looking to steal land from people. If you are not a member of the ruling party, you are f__ked.

The expropriation bill allows the state to expropriate property held for "speculation" without compensation. As well as allowing land invaders to take your property. Which is a complete violation of section 25 of the constitution.

This states that private property can be subject to expropriation without compensation (EWC) in circumstances where – even if one presents one’s title deed – “an owner has abandoned the land by failing to exercise control over it”.

The key to this channel for EWC is defining “abandoned” as a loss of “control over” the property. On this definition, if an owner is outside their own property, looking in but unable to get any further because of harassment by illegal land invaders, then the owner has lost control over the property.


The land courts bill will allow hearsay to be introduced as evidence when dealing with matters of land.
The Bill provides for the appointment of two assessors to assist Land Court judges. These assessors do not need to be legally qualified, but must merely be ‘fit and proper’ and comply with ministerial regulations. When cases are heard by a judge and two assessors, the two assessors would be able to override the presiding judge on all questions of fact – which could include such issues as the amount of compensation to be paid.

There is a risk that land activists could be appointed as Land Court assessors.

Additionally, the Bill allows the Land Court to admit oral evidence, ‘whether or not such evidence would be admissible in any other court of law’. The Court may additionally take account of hearsay evidence.
https://irr.org.za/media/land-court-bill-threatens-property-rights-irr-warns-ncop
 

LCBXX

Honorary Master
Joined
Apr 11, 2006
Messages
19,421
Well Nope if you are an ANC cadre looking to steal land from people. If you are not a member of the ruling party, you are f__ked.

The expropriation bill allows the state to expropriate property held for "speculation" without compensation. As well as allowing land invaders to take your property. Which is a complete violation of section 25 of the constitution.




The land courts bill will allow hearsay to be introduced as evidence when dealing with matters of land.
Let's see what happens when the first land expropriation occurs.
 

konfab

Honorary Master
Joined
Jun 23, 2008
Messages
36,120
Let's see what happens when the first land expropriation occurs.
Will you volunteer to be the test case?
This stuff needs to be defeated in court before some poor soul loses their property.
 
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