Kwanalu: Expropriation

A recent Supreme Court of Appeal (SCA) judgment, handed down on 1 April 2026, clarifies the constitutional framework governing compensation in expropriation matters. Although the dispute did not concern agricultural land, the principles articulated by the Court have direct relevance for the agricultural sector, particularly in the context of ongoing debates on expropriation without compensation and the implementation of the new Expropriation Act.

The central takeaway is that the constitutional standard of just and equitable compensation imposes a structured, disciplined framework that anchors compensation in market value and limits arbitrary or policy-driven outcomes, with courts retaining a critical oversight role.

Click here for more: 20260422 SUPREME COURT OF APPEAL JUDGMENT NAD Property Income Fund Pty Ltd v SANRAL

20260422 Uitspraak van die Hoogste Hof van Appèl NAD Property Income Fund Pty Ltd v SANRAL