Deconstructing section 25 of the Constitution: has the inclusion of property rights in section 25 of the Constitution helped or hindered the transformation purpose of the Constitution, and specifically the state's commitment to land reform?

DSpace/Manakin Repository

 

Show simple item record

dc.contributor.advisor Calland, Richard en_ZA
dc.contributor.author Basajjasubi, Allan Nsubuga en_ZA
dc.date.accessioned 2017-09-14T12:27:17Z
dc.date.available 2017-09-14T12:27:17Z
dc.date.issued 2017 en_ZA
dc.identifier.uri http://hdl.handle.net/11427/25203
dc.description.abstract Prior to the advent of the Constitution and constitutional democracy land policies of the apartheid state secured resource ownership and control of land exclusively for the white minority, whilst dispossessing large communities of black, coloured and Asian people and banishing them to designated "native reserves". Shortly before the transition to democracy liberation groups together with the old apartheid regime, sought to negotiate on land policies which not only constitutionalized property rights but which also constitutionalized a priority to land reform in order to redress the injustices of the past. This paper examines whether the law, as captured in s 25 of the bill of rights, stood in the way of government inn unfolding a progressive programme of land reform. As a contribution to the debate surrounding issues on the appropriateness of the expropriation of land as a means of accelerating the pace of land reform, this papers offers a critical lens through which the state's current land reform policies are evaluated against the Constitution's transformative agenda of facilitating for an equitable system of land rights that provide development opportunities for black and coloured South Africans. Through an analysis of constitutional jurisprudence-including academic literature and legislation- this paper aims to investigate whether section 25 by reason of a lacking of sufficient expropriation and redistribution, as mechanisms for accelerating land reform, is anti-transformation. By deconstructing section 25 (the property clause) my paper offers insight into the controversial and rebuttable presumption that it is in fact not the Constitution but the state, that is responsible for frustrating and impeding the pace of transformation via constitutionally permissible land reform. en_ZA
dc.language.iso eng en_ZA
dc.subject.other Human Rights Law en_ZA
dc.title Deconstructing section 25 of the Constitution: has the inclusion of property rights in section 25 of the Constitution helped or hindered the transformation purpose of the Constitution, and specifically the state's commitment to land reform? en_ZA
dc.type Thesis en_ZA
uct.type.publication Research en_ZA
uct.type.resource Thesis en_ZA
dc.publisher.institution University of Cape Town
dc.publisher.faculty Faculty of Law en_ZA
dc.publisher.department Department of Public Law en_ZA
dc.type.qualificationlevel Masters en_ZA
dc.type.qualificationname LLM en_ZA
uct.type.filetype Text
uct.type.filetype Image


Files in This Item:

This item appears in the following Collection(s)

Show simple item record

Total Visits Views
Deconstructing section 25 of the Constitution: has the inclusion of property rights in section 25 of the Constitution helped or hindered the transformation purpose of the Constitution, and specifically the state's commitment to land reform? 82
Total Visits Per Month Mar 2017 Apr 2017 May 2017 Jun 2017 Jul 2017 Aug 2017 Sep 2017
Deconstructing section 25 of the Constitution: has the inclusion of property rights in section 25 of the Constitution helped or hindered the transformation purpose of the Constitution, and specifically the state's commitment to land reform? 0 0 0 0 0 0 82
File Visits Views
thesis_law_2017_basajjasubi_allan_nsubuga.pdf 14
File Visits Per Month Mar 2017 Apr 2017 May 2017 Jun 2017 Jul 2017 Aug 2017 Sep 2017
thesis_law_2017_basajjasubi_allan_nsubuga.pdf 0 0 0 0 0 0 14