A (short) history of the 18th Amendment Bill in 1500 words.
No Expropriation without Compensation in South-Africa’s Constitution – for the Time Being
WRITTEN INPUTS ON THE DRAFT CONSTITUTION EIGHTEENTH AMENDMENT BILL
The written submission by a group of legal academics on the amendment of section 25, with concerns about the mandate, the contradictions and restricting land reform to custodianship only.
Mine! Claims of ownership as competing stories
If one accepts that there is not a natural understanding of how ownership works (and I acknowledge that there might be people that dispute this), then ownership is, as they say, “up for grabs”. What story will win, and why, is part of ownership design.
On the 18th Amendment to the Constitution, some tentative notes
Nil and not without compensation, removing the courts as the only forum that can determine nil compensation, adding a common heritage provision and custodianship of “certain land”. Some thoughts on the amendment of section 25.
Do we need a state of emergency for the current violence?
Do we need a state of emergency to address the violence in South Africa at the moment?
Section 25 amendment: D day is here…
The Ad Hoc Committee responsible for the amendment of section 25 of the Constitution is meeting now. See the party proposals on the table here.
Slow down, you move too fast!
Every now and again, and often most unexpectedly, I have a conversation with a person that changes my perspective on things and alters my ways of doing things. Recently, when I phoned the professor who taught me property law to ask a question about, well, property law, this magical side conversation happened. The legal question … Continue reading Slow down, you move too fast!
Should judges lose their religion when they are on the bench?
“EWC” as signifier of the divergent conversations we are having
This weekend, I read on the making of the interim Constitution and the multi-party negotiations in the early 1990s. Keeping a close look at the current amendment process, I have learned that making a Constitution is a messy process. It is not a linear process, with a beginning and an end. It does not have … Continue reading “EWC” as signifier of the divergent conversations we are having
One more for the road: makings laws during a pandemic
With the long Easter weekend looming, many people were anxious to know what the restrictions for the long weekend will entail. The rumours were that interprovincial travel will be halted, as will large gatherings, and of course, the always-looming question of alcohol. I should start with a caveat: I am not invested in transporting alcohol … Continue reading One more for the road: makings laws during a pandemic
Letters from Joburg 