Farm expropriation resistance heads to courts

Organised agriculture and lawyers are up in arms about the government’s stated intention to expropriate seven farms in Limpopo for the R57m compensation set by the relatively new Valuer-General, says Rapport. The seven land owners are refusing to accept the valuation of the Valuer-General as fair compensation. Attorney Bertus van der Merwe, who represents several farmers in land claims, says none of his clients has received official notices of expropriation proceedings as the state threatens, but they are concerned that the Valuer-General has apparently started applying a valuation formula that is still subject to a public comment and legislative process. The draft formula – which is being widely contested – states that fair compensation is the aggregate of the market value and ‘usage value’ minus any ‘procurement benefits’ received to buy the land, such as state subsidies. Van der Merwe says his clients will defend their view that market value is the only acceptable compensation up to the Constitutional Court if necessary. AgriSA legal adviser Annelize Crosby is quoted as saying any valuation methodology that is not objective is unacceptable.