“Land expropriation without compensation is illegal in international law”. International court warns SA
Universal Treaty law is a superior law, it always applies.
The international community has warned against the illegality in land expropriation without compensation.
Land or Property Expropriation Plan is Against Human Rights Charter.
HEREWITH Highlights to the Human Rights pertaining to this sensitive matter;
Universal Declaration of Human Rights.
(1) Everyone has the right to own property alone as well as in association with others. (2) No one shall be arbitrarily deprived of his property.
South Africa has signed and ratified a number of similar treaties.
Expropriation, in particular if there is a racist angle, without compensation is illegal in international law. International Law is superior law, it takes precedence over municipal (national) law.
The African Charter on Human and Peoples’ Rights (ACHPR).
“The right to property shall be guaranteed. It may only be encroached upon in the interest of public need or in the general interest of the community and in accordance with the provisions of appropriate laws.”
International Convention on the Elimination of All Forms of Racial Discrimination.
In compliance with the fundamental obligations laid down in article 2 of this Convention, States Parties undertake to prohibit and to eliminate racial discrimination in all its forms and to guarantee the right of everyone, without distinction as to race, colour, or national or ethnic origin, to equality before the law, notably in the enjoyment of the following rights:
(d) Other civil rights, in particular:
(v) The right to own property alone as well as in association with others;
(vi) The right to inherit;
These are just a few of the Treaties and Conventions that prohibit the expropriation of property without compensation.
Also to be noted is that any attempt at expropriation motivated by racist objectives is expressly declared to be illegal in international law.