Share

Valuer-General does not replace court in determining compensation for expropriation - chamber

The Land Claims Court has in essence confirmed that a valuation by the Valuer-General would not replace the role of the courts as the final arbitrator when compensation for expropriation is calculated, the Agricultural Business Chamber (Agbiz) said in its latest newsletter.

It bases this view on the judgment handed down by the Land Claims Court in February in the case of Moloto Community versus Minister of Rural Development and Land Reform and Others.

According to Agbiz, the court has effectively confirmed that a valuation by the Valuer-General does not exclude the jurisdiction of the courts in determining just and equitable compensation.

"Although the Property Valuation Act does not use the terms 'compensation' or 'expropriation' once in its provisions, the term 'value' was defined in a manner which mirrors the calculation of compensation for expropriation," states Agbiz.

"This in turn sparked fears that the Valuer-General, using a formula promulgated by regulation, would determine the amount of compensation to which a property owner or bond holder would be due if they were to be expropriated for land reform purposes."  

Agbiz said that, on analysing the law, experts have long held the belief that the Valuer-General cannot determine compensation to the exclusion of the court and merely informs the expropriating authority what offer to make or to assist in the investigative phase prior to expropriation.

"The Constitution states that compensation must ultimately be agreed upon, determined or approved by a court of law," said Agbiz.

"Although procedural aspects prevented the point from being argued at length before the court, it was noted that there was nothing in the act which the court could identify expressly that excludes its jurisdiction."


We live in a world where facts and fiction get blurred
Who we choose to trust can have a profound impact on our lives. Join thousands of devoted South Africans who look to News24 to bring them news they can trust every day. As we celebrate 25 years, become a News24 subscriber as we strive to keep you informed, inspired and empowered.
Join News24 today
heading
description
username
Show Comments ()
Rand - Dollar
18.94
-0.2%
Rand - Pound
23.91
-0.1%
Rand - Euro
20.45
+0.1%
Rand - Aus dollar
12.35
+0.0%
Rand - Yen
0.13
-0.2%
Platinum
904.58
+0.9%
Palladium
1,012.82
+1.1%
Gold
2,219.17
+1.1%
Silver
24.82
+0.7%
Brent Crude
86.09
-0.2%
Top 40
68,346
+1.0%
All Share
74,536
+0.9%
Resource 10
57,251
+2.9%
Industrial 25
103,936
+0.6%
Financial 15
16,502
-0.1%
All JSE data delayed by at least 15 minutes Iress logo
Company Snapshot
Editorial feedback and complaints

Contact the public editor with feedback for our journalists, complaints, queries or suggestions about articles on News24.

LEARN MORE
Government tenders

Find public sector tender opportunities in South Africa here.

Government tenders
This portal provides access to information on all tenders made by all public sector organisations in all spheres of government.
Browse tenders