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Moreover, section 25(4) provides that "the nation's commitment to land reform, and to reforms to bring about equitable access to all South Africa's natural resources" is an element of the "public interest" as deployed in sections 25(2) and 25(3).
The Constitution of South Africa is the supreme law of the Republic of South Africa. It provides the legal foundation for the existence of the republic, it sets out the rights and duties of its citizens, and defines the structure of the Government. The current constitution, the country's fifth, was drawn up by the Parliament elected in 1994 in ...
The new constitution explicitly protects the right to property, including land, in section 25(1), under the Bill of Rights. Section 25(2) and (3) states how property can be regulated and expropriated, with limited compensation from people who were dispossessed after 1913 by racial discrimination.
The bank contended successfully that this constituted an arbitrary deprivation of its property in violation of the property rights protected by section 25(1) of the Constitution of South Africa. In evaluating this argument, Ackermann set out a test for determining whether deprivation of property has taken place, [ 2 ] though it is debatable to ...
South African constitutional law. South African constitutional law is the area of South African law relating to the interpretation and application of the Constitution of the Republic of South Africa by the country's courts. All laws of South Africa must conform with the Constitution; any laws inconsistent with the Constitution have no force or ...
The Constitution of 1961 (formally the Republic of South Africa Constitution Act, 1961) was the fundamental law of South Africa for two decades. Under the terms of the constitution South Africa left the Commonwealth and became a republic. Legally, the Union of South Africa, which had existed since 1910, came to an end and was re-established as ...
The ANC's proposed amendment of section 25 of the constitution of South Africa which failed in the Parliament of South Africa, by a vote of 204 MPs in favour, 145 MPs against and 0 abstentions. [64] The bill required a two-thirds majority.
5 June 1998. Status: In force. The Prevention of Illegal Eviction from and Unlawful Occupation of Land Act (PIE) [1] is an act of the Parliament of South Africa which came into effect on 5 June, 1998, and which sets out to prevent arbitrary evictions. In terms of the Constitution of South Africa, "No one may be evicted from their home, or have ...