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The historical context of Land Reform in South Africa and early policies
(2014)
The need for the current land reform programme arose from the racially discriminatory laws and practices which were in place for the largest part of the twentieth century, especially those related to land ownership. The ...
Land as a "national asset" under the constitution: the system change envisaged by the 2011 Green Paper on land policy and what this means for property law under the constitution
(2014)
This paper takes a close look at some of the main tenets set out in the Department of Rural Development and Land Reform's Green Paper on Land Reform of 2011, specifically those that have a bearing on the creation of a new ...
Silence is golden: the lack of direction on compensation for expropriation in the 2011 Green Paper on Land Reform
(2014)
The government set the target for redistribution of land to 30% by 2014. They have adopted the "willing-buyer-willing-seller" model that relies on a voluntary transaction between farmers and government to acquire such land. ...
Green Paper on Land Reform: Overview and Challenges
(2014)
Originating as a submission made to the Department of Rural Development and Land Reform by the Centre for Constitutional Rights in 2011, this paper provides an overview of some of the main aspects and key features that ...
The mechanics of intervention and the Green Paper on Land Reform
(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 ...
Sailing between Scylla and Charybdis: Mayelane v Ngwenyama
(2014)
Mayelane v Ngwenyama 2013 4 SA 415 (CC) is arguably the most important judgment concerning the recognition of customary marriages in recent times. This article attempts to unpack some of the many issues that arise from the ...
Legislative prohibitions on wearing a headscarf: are they justified?
(2014)
A headscarf, a simple piece of cloth that covers the head, is a controversial garment that carries various connotations and meanings. While it may be accepted as just another item of clothing when worn by non-Muslim women, ...
Public servants' right to strike in Lesotho, Botswana and South Africa – a comparative study
(2014)
Restrictions on the rights of public officers to strike are permitted by the Constitutions of Lesotho, Botswana and South Africa, where such limitations are reasonable, necessary and justifiable in a democratic society. ...
"Contributory intent" as a defence limiting delictual liability
(2014)
In terms of delictual liability, the term "fault" generally refers to the defendant's conduct, whereas "contributory fault" refers to the plaintiff's conduct. "Contributory intent" is a form of "contributory fault" and may ...