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.
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.
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 to address the violence in South Africa at the moment?
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.
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!
Are judges expected to have no religion, or to keep their religion secret? No.
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
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
This is the oral submission on the 18th Amendment Bill, as delivered on Thursday 25 March 2021 in front of the Ad Hoc Committee to initiate legislation to amend section 25 of the Constitution. The written submission can be found here.