Now showing items 1-6 of 6
The relevance of constitutional protection and regulation of property for the private law of ownership in South Africa and Germany : a comparative analysis with specific reference to land law reform
(Stellenbosch : Stellenbosch University, 2000-11)
ENGLISH ABSTRACT: This dissertation is an attempt at reconciling the existing (and until recently predominant) private law concept of ownership and the property rights espoused by the new constitutional order. The attempts ...
Land reform embedded in the constitution : legal contextualisation
(Stellenbosch University, Faculty of Theology, 2015)
Land reform is a temporal process that was embarked on in two distinctive phases in South Africa: first by way of an exploratory programme before the new constitu-tional dispensation commenced, followed by, secondly, an ...
The justification of expropriation for economic development
(Stellenbosch : Stellenbosch University, 2012-12)
ENGLISH ABSTRACT: Section 25(2) of the 1996 Constitution states that property may only be expropriated for a public purpose or in the public interest and compensation must be paid. This dissertation analyses the public ...
The mechanics of intervention and the green paper on land reform
(North-West University, Faculty of Law, 2014)
The South African land control system has always, to some extent, been interfered with by government. Interventions in the course of the twentieth century in particular have resulted in an unequal, fragmented and diverse ...
Re-defining national sovereignty : the key to avoid constitutional reform? Reflections on the 2011 Green Paper on Land Reform
(Juta Law Publishing, 2012-01)
The results of post-apartheid land reform in South Africa have for a substantial period of time prompted scholars to ask key questions about the ability of law to achieve social change. Change in this case translating into ...
Communal land and tenure security: analysis of the South African Communal Land Rights Act 11 of 2004
(Stellenbosch : University of Stellenbosch, 2009-12)
ENGLISH ABSTRACT: In this thesis, the Communal Land Rights Act 11 0f 2004 is analysed in order to determine whether it can give effect to the constitutional mandate in terms of which it was promulgated, namely section ...