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Now showing items 1-6 of 6
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 ...
At the intersection between expropriation law and administrative law : two critical views on the Constitutional Court's Arun judgment
(Faculty of Law, North-West University, 2016-08)
Abstract of article; "In Arun the Constitutional Court held that section 28 of the Land Use Planning Ordinance (LUPO) vests all land indicated as public roads on a development plan in the local authority upon approval of ...
Observations on the (un-) constitutionalty of section 118(3) of the local government: systems act 32 of 2000
(Juta Law Publishing, 2006-03)
INTRODUCTION: Can section 118(3) of the Local Government: Municipal Systems Act1 (‘‘the act’’) withstand constitutional scrutiny – in terms of section 25(1) of the Constitution,2 to be more exact? The Constitutional Court ...
The discretion of courts in encroachment disputes
The main focus of this note is Phillips v South African National Parks Board (4035/07)  ZAECGHC 27 (22 April 2010) SAFLII <http://www.saflii.org/za/cases/ZAECGHC/2010/27.html> (accessed 13-06-2012), which was a ...
Constitutional property law in Central Eastern European jurisdictions: A comparative analysis.
(Stellenbosch : Stellenbosch University, 2016-12)
ENGLISH ABSTRACT : This dissertation investigates three areas of constitutional property law doctrine, namely the concept of property for constitutional purposes, the distinction between deprivation and expropriation and ...
Compensation for excessive but otherwise lawful regulatory state action
(Stellenbosch : Stellenbosch University, 2015-03)
ENGLISH ABSTRACT : Section 25 of the South African Constitution authorises and sets the limits for two forms of legitimate regulatory interference with property, namely deprivation and expropriation. The focus of this ...