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.
This is the written submission authored by various academics that formed a Think Tank under the South African Research Chair for Property Law. The work of the chair, under the leadership of Prof ZsaZsa Boggenpoel, is focused on the development of a new property law for South Africa. It is aimed particularly at exploring the role of property law in the new constitutional dispensation.
There is a lot of information doing the rounds on the Expropriation Bill at the moment. This post is a combination of various opinion pieces I have published on the matter the past 3 months. It's a long read, but it is a complicated subject, not to be reduced to 240 characters.