Abstracts

37 Introduction South Africa’s history of dispossession has resulted in spiritual and economic disconnects from the land. The 1996 South African Constitution, specifically Section 25 of the Bill of Rights, or the property section, has attempted to remedy this through a constitutional obligation to implement land restitution, tenure security, and redistribution policies. Yet, in the past 25 years South Africa has failed to implement and enforce land reform policies that adequately minimize the effects of colonial dispossession and apartheid. Consequently, there is immense sociopolitical pressure within the South African political arena to amend the Constitution in order to enable the expropriation of land without compensation (EWC). However, the potential passage of an EWC amendment presents several legal and political challenges. While EWC may seem like a logical, even imperative, policy from social and spiritual perspectives, it is not economically feasible. The chief problem is that EWC brings with it high risks of capital flight and international lawsuits along with heightened food insecurity. Due to these concerns, South Africa should assiduously pursue the improvement of current land reform policies while replacing obsolete legislation. History of Dispossession Twentieth-century segregationist legislation perpetuated colonial-era wrongs instituted by those of white ancestry against black South Africans. This legislation was instrumental in the economic and spiritual disconnects from the land that black South Africans still experience. These discriminatory laws do not totally explain the apartheid legal structure; however, they do provide the underlying background of South Africa’s land issue. On May 31, 1910, the British-controlled colonies (Cape Colony and Natal) were combined with the Boer States (the Orange EXPROPRIATION WITHOUT COMPENSATION IN SOUTH AFRICA Jake I. Cooper Due to the slow progress of land reform in South Africa, there has been increasing political pressure for the government to expropriate land without compensation (EWC). Consequently, there currently is a draft bill in the South African parliament to amend the Constitution to explicitly legalize EWC. This article discusses how EWC came to the forefront of the South African land issue as well as the advantages and disadvantages of utilizing EWC as a mechanism for land reform. Perspectives on Business and Economics, Vol. 38, 2020