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
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.
What happens if the law of the indigenous people are asserted in a country that for so long disregarded it, but now has a Constitution that gives full recognition to it? How does one reconcile laws whose normative basis seem to just not be compatible?