Much has been made about recent comments by the President on land reform, especially on the question of expropriation without compensation. We look at what ...

Parliamentary Submission: Section 25 (Property Rights)

As part of its public participation process, the Joint Constitutional Review Committee of Parliament called for submissions on the review of Section 25 of the ...

This brief presents some of the main points raised in the HSF roundtable ‘Title and Entitlement: The Land Question in South Africa’

Section 25 Of The Constitution - What Happens Next?

The purpose of this brief is to set out the framework within which developments in relation to the potential amendment of Section 25 of the Constitution will ...

Historically, redistribution of assets has taken a number of forms. It may take place at the end of a war or as an outcome of a revolution. It may be the ...

Section 25 (7) of the Constitution established the right of individuals and communities who were deprived of property after 19 June 1913, as a result of past ...

The Spatial Planning and Land Use Management Act II – Case study: The Johannesburg Spatial Development Framework

The first brief considered the framework established by the Act and implementation challenges. This brief describes a case study of a spatial development ...

The Spatial Planning and Land Use Management Act I - The Framework and Implementation

This brief is the first of two, and it discusses the framework established by the Act as well as implementation. The second will consider the Johannesburg ...

What’s Yours is Mine – How the Ingonyama Trust Failed to Take Customary Property Rights Seriously

This brief unpacks a judgement against the Ingonyama Trust handed down by the Pietermaritzburg High Court and suggests that it contains useful lessons for land ...

Who Supports The Draft Amendment To Section 25 Of The Constitution?

In this brief, Charles Simkins tracks developments made in the Sixth Parliament to the proposed amendment of section 25 of the Constitution and outlines ...