If we are to realise at least two of the Constitution’s Foundational Values – the achievement of equality and human dignity – then land expropriation without compensation is an absolute necessity in South Africa.

But is that possible under the 1996 Constitution in its current form? What does the Constitutional Court’s jurisprudence and academic treatment of the subject tell us about the possibilities?

Must section 25 of the Constitution be amended in order to enable an orderly and lawful land expropriation without compensation, or is all we need the enactment of legislation in order to give effect to its provisions?

These, and more, are the questions that are explored in this paper.

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