Restitution
front page

What's new?

Archive front page

1995

1996

1997

1998

1999

2000

2001

2002

2003

2004

2005

2007

2006

2008

2009

Dear Forum.

Consider the following:-

An apartheid Government expropriates land under racially based legislation. The properties are purchased at a nominal amount (often below market value) from the affected parties and then retained by the State for many years.

The property owned by the Government now forms part of the State assets. The Government has introduced a process of Land Restitution whereby persons who lost their property under racially based legislation can claim the property back.

The State agrees to resell at Market Value and return the land to the claimant. In some cases, properties may have been rented out for the past 30 years. Other property has in time become valuable land due to its locality.

Has the state not benefited from unjust enrichment? How should a restitution claim be made? How would one consider valuing tenants rights when they lost the right to live in a property as a result of the legislation and providing restitution?

The law in our Country (South Africa) has no precedents. Any comments

Regards.