International Structure To Protect Your Section 25 Constitutional Rights Against Expropriation Of Property Without The Payment Of Compensation

RSA property owners may rest in peace as their rights to compensation are protected regardless of any attempt by the Legislator, the Executive or the Judiciary to amend or adversely apply and interpret the RSA Constitution, more specifically Section 25, to allow for expropriation of property without the payment of compensation.

Mr Josias van Zyl, a member, director and trustee of Xodus, who has been involved in domestic litigation and international arbitration for 28 years opposing government measures to expropriate property and rights without the payment of compensation in violation of the IMS is directly involved in the process and structures to protect RSA property rights affected by the intended RSA Government's expropriation of property without the payment of compensation. Xodus and its members have the benefit of and access to the best international counsel engaged by Mr van Zyl in this regard.

Mr van Zyl will actively participate and manage the litigation against the RSA Government in the Constitutional Court and in international arbitration proceedings that will be instituted to secure the payment of full and fair compensation for Xodus members as well as none-Xodus members who engage in the global structure to protect their property rights as herein set out, should the RSA Government proceed with its public statements to expropriate property without the payment of compensation.

Mr van Zyl at Arbitration hearing at the Maxwell Chambers in Singapore before the Williams Tribunal - SDM & Others vs Lesotho

It was necessary to Internationalise members and non-members' right to compensation under Section 25 of the Constitution before the proposed amendment and/or adverse measures are employed to expropriate RSA property without the payment of compensation is approved by Parliament and implemented by the RSA Government. Expropriation without the payment of compensation is also a violation of the International Minimum Standard (IMS) which is protected by customary international law.

​​​​​​​Xodus Protective Measures to extend to all property​​​​​​​

All RSA property owners' property rights to compensation have been secured and safeguarded by an international stratagem should the RSA government proceed to expropriate property without the payment of compensation. The ANC is pushing for zero compensation and with full executive power to the executive committee, which includes the President. 

Every RSA property owner’s right to compensation has been internationalised under international law. Property in general include movable and immovable property as well as any property rights, such as mortgages, liens and pledges, investments, bank deposits, pension funds and intellectual property. Proposed amendments to S25 seems to limit EWC at nil Rand to land.

What is protected by this stratagem is not the property itself but the right to compensation.  Any attempt by the RSA government, the ANC, the EFF or others to expropriate property without the payment of compensation will be challenged and decided by international arbitration where the RSA government will pay full, prompt and adequate compensation to each affected RSA property owner who ratifies the international agreement put in place by Xodus directors which safeguard RSA property owners right to compensation. Full details in respect of the agreements internationalising RSA property owners right to compensation will be released at the appropriate time.