oa De Rebus - Expropriation - a minefield?
Agri SA v Minister of Minerals and Energy (CC) (unreported case CCT 51/12, 18-4-2013) (Mogoeng CJ) : candidate attorney feature
The Constitutional Court (CC) recently delivered judgment in one of South Africa's first tests of transformative legislation aimed at fundamental economic reform.
The Agri SA case offered an opportunity to clarify the meaning of one of the most controversial provisions in the Bill of Rights, the so-called 'property clause'. Instead, it has arguably rendered the legal content and consequences of the clause more uncertain than ever.
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