Land

Karel | Nov 20, 2018
Section 25 Of The Constitution - What Happens Next?
Charles Simkins
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Aug 20, 2018

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 unfold, in relation to expropriation without compensation.

Parliamentary Submission: Section 25 (Property Rights)
Anton van Dalsen & Mira Menell Briel
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Jun 19, 2018

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 Constitution (the Property Clause), following a motion passed by the National Assembly on 27 February 2018, relating to expropriation without compensation.

The Case for Retaining the Cutoff Date for Land Restitution Claims (Section 25 (7) of the Constitution)
Charles Simkins
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Oct 07, 2014

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 racial laws, to either restitution of their property or equitable redress. It is now being debated whether the cutoff date is appropriate or whether it was a compromise made in 1994 which should now be rescinded if sufficient support can be found in Parliament. At present, the ANC would need the co-operation of other parties to muster two thirds of the votes necessary for a constitutional amendment. The EFF has already promised to make its supporters available for such a move.

SOUTH AFRICA’S NOUVELLE CUISINE: SLICING AND DICING PROPERTY RIGHTS
Charles Simkins
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Aug 21, 2014

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 result of special action of greater or lesser legality under an authoritarian government. South Africa is developing an approach which differs from all the above. It has the following characteristics: