The first part provides for the grounds on which the state can

The first part provides for the grounds on which the state can

Why a constitutional amendment won’t give the state permission to ‘grab’ land

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canada goose coats Water NewsHealth TipsHow To Save WaterNewsEntertainmentMotoringWomenFoodParentingTravelHealthMandela100Cyril100Underworld UnmaskedZimbabweAids Good NewsCompetitionsProject RiseLast week announcement by President Cyril Ramaphosa made the (new) stance of the ANC canada goose in the Constitutional Review Process public. While in essence the ANC did not say more than it did in its 54th conference report, or in the motion before Parliament, it made official its stance in the process, even if it has canada goose uk outlet done so prematurely and clumsily. canada goose coats

Canada Goose Outlet As a land law lecturer, I can say that this method of making known its stance is not a canada goose clearance completely new way for the ANC to do cheap Canada Goose things. The policies that the ANC issued on land the past few years often had to be pieced together from press briefings and official PowerPoint presentations, with little indication of whether it is still applicable or how Canada Goose sale it Canada Goose online ties in with other policies. Canada Goose Outlet

Canada Goose online There seldom is a coherent policy document that gives an indication of what the actual content of the canada goose factory sale policy is, for instance the so called 50/50 policy. The Green Paper on Land Reform of 2013 was equally problematic for being vague and not really providing pointers as to what will be done. Lawyers working in the field of land reform have become master quilters patching together various documents and laws in trying to find direction, and to sometimes forge direction. Canada Goose online

buy canada goose jacket So, when the president made the announcement that the ANC proposal is an amendment to the Constitution to make the conditions for expropriation of land without compensation clearer, without actually stating how, a familiar disappointment dawned. buy canada goose jacket

canadian goose jacket The political message that was sent by the announcement I will leave to the political commentators to comment on, and the speculation on how this impacts on the economy I will leave to the economist, lest I rewrite canada goose uk shop Economics 101. What is necessary is to make clear Canada Goose Outlet what the possible legal impact of such a speculated amendment could be. canadian goose jacket

buy canada goose jacket cheap Constitution aims to find balanceSection 25 of the Constitution should be understood in two parts. The first part provides for the grounds on which the state can interfere with property rights, including expropriation. The second part lays down the state duty to effect land reform. On first view, these two parts seem to embody competing objectives, but when viewed rather as a tension that requires us to uk canada goose find the equilibrium between the existing property rights and the land reform goals laid out, the aim is to find the balance between competing interests, rather than a win lose situation. buy canada goose jacket cheap

canada goose deals This is because the Constitution provides objectives that we try to reach in Canada Goose Jackets the protection of property rights. The Constitution requires us to think differently about the protection of private property where canada goose coats on sale the focus is solely on the person and their relation to the object (such as land) there are public considerations that come into play. Your individual private property right is guaranteed and will be upheld for as long as it supports other constitutional goals contained in Section 25. The other side of the coin is that striving to meet these objectives should not interfere with property rights more than is necessary and justifiable. canada goose deals

Canada Goose Parka From various reports it seems that Section 25(8) might be the section that will be amended. Section 25(8) states that no provision in Section 25 (such as the provision allowing for expropriation) may Canada Goose Online stop the state from taking various measures to achieve land and other reforms, in order buy canada goose jacket cheap to uk canada goose outlet redress the results of past racial discrimination. The speculation is that further conditions will be added to this section, amongst others that it cannot be detrimental to the economy, and that it cannot impact negatively on food security. Canada Goose Parka

Canada Goose sale But there are additional requirements for a valid expropriation. The Constitution still requires that expropriation be done in terms of a law of general application and for a public purpose or in the public interest. These requirements, as further detailed in legislation, provide the checks and balances, and as such make it an acceptable interference with private property rights as it contains state powers and ensures fairness to all parties involved. Canada Goose sale

cheap Canada Goose State won’t be able to ‘grab’ landThe law of general canada goose uk black friday (legislation) application usually provides the purpose for the expropriation. Current land reform legislation (such as the Restitution Act) does provide for expropriation. Whatever the reason for the expropriation, government must be able to show a tangible clear plan of what it envisages canada goose store with the land for it to be a valid expropriation. Government will have to work on canada goose outlet its track record in this regard. cheap Canada Goose

canada goose coats on sale With expropriation being an administrative act, expropriation needs to adhere to administrative justice as contained in Section 33 of the Constitution. It would therefore be buy canada goose jacket possible to question the decision and the choice of land on administrative grounds. Being an administrative act, it is also a fairly long procedure, with onerous procedural requirements that must be met. canada goose coats on sale

canada goose clearance sale Put simply, even if provision is made for expropriation without compensation in certain circumstances, the state will not automatically be able to “grab” land. It is merely a start of a very long process. This should provide a warning sign to the ANC that expectations have to be managed to prevent a charged situation from exploding. canada goose clearance sale

canada goose clearance Does the unknown proposed amendment change the interpretative framework of the section? If gleaned from the wording of the press canada goose black friday sale releases, canada goose clearance sale probably not. The weighing up of interests will still have to take place in expropriation inquiries, and the tension Canada Goose Coats On Sale between the protectionist part of Section 25 and the reform orientate goals of Section 25 remains. Individual rights remained protected insofar as it does not obstruct the public considerations contained in our Constitution. canada goose clearance

canada goose store And this cannot be a zero sum game. But in a vastly unequal society like ours, we struggle to find equilibrium because we are pulled so far apart, that anywhere in the middle seems like canadian goose jacket a big compromise from cheap canada goose uk both sides canada goose store.

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