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.
Category: Musings
Things that don’t quite fall into any of the other categories
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
Oral submission on the 18th Constitutional Amendment Bill (section 25)
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.
South African Research Chair in Property Law Submission on the Expropriation Bill B23 – 2020
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.
My dad’s dance with dementia
My father danced a dance with dementia, which taught me what the essence of being human is; how there are no masters who can teach us how to die, and that we never really die completely - something always remains, from which new things grow. (previous blog translated)