One possible constitutional argument against the Uys and Another v Msiza and Others [2017] ZASCA 130 approach to the calculation of compensation for expropriation is that it violates the property clause of the Constitution, which requires just and equitable compensation for any expropriation of property by the state.
Under the Uys approach, the compensation for expropriation is based on the market value of the property at the time of expropriation, without any regard for any improvements or developments made by the landowner after the acquisition date. This means that the landowner may not be fully compensated for the true value of their property, including any value added by their own efforts or investments.
Such an approach may also ignore other factors that could affect the just and equitable compensation, such as the impact of the expropriation on the landowner's livelihood, cultural identity, or social connections. This could lead to unfair and unequal treatment of some landowners, especially those who are historically marginalized or disadvantaged.
Furthermore, the Uys approach may undermine the constitutional principle of land reform, which aims to address the legacy of past injustices and inequalities in land ownership and use. If the compensation for expropriation is based solely on the market value, it may perpetuate the pattern of unequal land distribution and prevent the state from achieving its transformational goals.
Overall, the constitutional argument against the Uys approach is that it prioritizes private property rights over broader public interests and constitutional values, without taking into account the full context and complexity of expropriation and land reform. Therefore, a more nuanced and flexible approach is needed to ensure that expropriation is done in a manner that respects the Constitution and promotes social justice and inclusive development.
Make a constitutional argument opposing the Uys and Another v Msiza and Others
[2017] ZASCA 130 approach to the calculation of compensation for expropriation
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