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Farmers will get compensation |
Farmers whose land was expropriated were entitled to fair compensation, commercial agriculture organisation Agri SA said on Friday.
President Lourie Bosman said there were misunderstandings about the willing buyer/willing seller principle where land claims were involved.
"Even when a claim succeeds despite a landowner's objections, the state can acquire the land by making use of its statutory powers, but always subject to its obligation to offer fair compensation for such land," Bosman said in a statement.
Fair compensation could be equal to the amount the landowner would have received for his property in an open-market transaction, he said.
The state therefore had to be guided by a proper valuation, as well by the fair market value of the property.
"Although, in terms of legislation, aspects other than market value should also be considered when determining fair compensation, comparable market value is the dominant norm."
Land Affairs and Agriculture Minister Lulu Xingwana's task teams would meet this month to discuss land tax, the willing buyer/willing seller principle, and other matters.
She said the willing buyer/willing seller principle did not and "should not" apply to restitution, as restitution was a rights-based programme.
"Once a claim has been validated, there is no need for the willing buyer/willing seller approach on the claimed land, as this should be understood to be a forced sale as there is only one buyer (the state) and one seller (the land owner)," she said.
The state, as was pointed out in the Constitution, should consider "just and equitable compensation to the land owner". She said the government respected the justice system and the rule of law in South Africa.
"We will uphold the decisions of our courts should any of our land and agrarian reform interventions be found to be unconstitutional by our courts.
"The South African government is also committed to security of land tenure for all its citizens, black and white...," she said.
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