Property Rights
latest news & developmentsA crisis in restitution cases: an imbalance in the scales of justice
South Africa's land restitution landscape is plagued by a three-decade-long crisis in the Land Court, where justice often depends on available resources rather than the merits of…
Fruit of freedom withers under broken land deal
The death of Spokes Sithole at 108 exposes the broken promise of one of South Africa’s largest land restitution settlements, where freedom and land ownership have not translated…
Moravian Church legal battle at heart of indigenous land rights
Descendants of the indigenous people who lived on the land, predominantly Khoi and slaves, want to be able to control and govern the land their forefathers worked
Stealing a song is like stealing a car; treat music rights as tangible property
In South Africa, your music is your property, and the law supports you
Mafora’s ‘legal fictions’ nullify constitutional supremacy
In systems of constitutional supremacy, constitutions may introduce legal fictions, but legal fictions may not be introduced into constitutions, like the Expropriation Act does
Trump order cutting aid, offering sanctuary to Afrikaners is premised on factual inaccuracies, SA says
The department of international relations and cooperation said the order failed to recognise South Africa’s ‘profound and painful history of colonialism and apartheid’
The Expropriation Act is necessarily unconstitutional
Expropriation law is not a tool of punishment or reparation, it is a tool of social improvement that can only be used under exceptional circumstances
Why the allure of the ‘Rwanda Model’ is misplaced
Dropping democracy for aspirant autocrats who will put everything in order with a big stick might not be all it’s cracked up to be
South Africa needs a ‘no-alition’ confidence-and-supply arrangement for government stability
The loss of an outright majority for the ANC should not be considered a panacea which promises to alleviate all our political and economic woes
Women are entitled to own land
Too many laws and customs in too many African countries still treat women as minors