oa Comparative and International Law Journal of Southern Africa - Property rights in the new constitution: an analytical framework for constitutional review

Volume 26, Issue 2
  • ISSN : 0010-4051



Among the more contentious topics of the constitutional debate underway in South Africa is the matter of entrenching property rights in a bill of rights. To understand the value of fundamental property rights one has to see them as the institutional means of resolving deadlocks over wealth distribution in a society in transformation. The constitutional protection of property rights reverberates throughout civil society and captures a vision of the essential values underpinning a nation's political culture. They depict 'the medium through which struggles between individual and collective goals have been refracted. A property clause is certain to be included in a bill of rights for a emocratic South Africa. Both the ANC and the Law Commission have published proposals in this regard. In this article the author examines the practical workings of property rights under a bill of rights and offer an alternative to the clauses recommended by the ANC and the Law Commission.

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