Browsing by Subject "Deprivation"
Now showing items 1-10 of 14
-
At the intersection between expropriation law and administrative law: two critical views on the constitutional court's arun judgment
(2016)(LUPO) vests all land indicated as public roads on a development plan in the local authority upon approval of such a plan. This includes land that is in excess of the normal need of the development. The appellant must hence ... -
The concept "beneficial use" in South African water law reform
(North-West University, 2011)The concept "beneficial use" plays a pivotal role in South African water law reform. It forms the foundation of the mechanism to make water use rights available for the reform of the allocation of water use entitlements. ... -
Constitutional analysis of intellectual property
(2014)This article analyses the Constitutional Court’s treatment of property interests in the face of state regulation to gain an understanding of the type of state interference that is justifiable in terms of section 25(1) ... -
The constitutionality of the Mineral and Petroleum Resources Development Act 28 of 2002
(North-West University, 2006)The Mineral and Petroleum Resources Development Act 28 of 2002 (MPRDA) is premised on the principle that minerals are part of the natural heritage of all South Africans. Section 3 of the MPRDA articulates the core of the ... -
The development of a new expropriation framework for South Africa
(North-West University, 2009)The word expropriation is used in South Africa to describe the process whereby a public authority or institution takes property from a private person for public purposes against payment of compensation. The current Act ... -
The effect of constitutional environmental protection on land ownership
(2015)Communities sometimes hold private property rights in or adjacent to a protected area. Section 25 of the Constitution of the Republic of South Africa of 1996 (the Constitution) protects a person's private property in that ... -
Die nasionalisering van waterregte in Suid-Afrika : ontneming of onteiening?
(Potchefstroom University for Christian Higher Education, 2003)South Africa's water law dispensation has changed dramatically with the promulgation of the National Water Act 36 of 1998. The previous distinction between public and private water has been abolished and the Minister of ... -
Planning and Arun's (not so straight and narrow) roads
(2016)Arun Property Development (Pty) Ltd wished to subdivide portions of the farm Langeberg 311, Durbanville. The 1988 structure plan for the area had indicated that certain roads would traverse the property. These and other ... -
Protection of landowners' rights in terms of the Mineral and Petroleum Resources Development Act 28 of 2002
(North-West University, 2011)Since the enactment of the Mineral and Petroleum Resources Development Act 28 of 2002 (MPRDA) a fundamental conflict arose between the rights of a holder of either a prospecting or a mining right, and that of a landowner. ... -
Re-examining the Constitutional Court's Approach to the Property Question Since First National Bank of SA Ltd T/A Wesbank v Commissioner, South African Revenue Service; First National Bank of SA Ltd T/A Wesbank v Minister of Finance 2002 4 SA 768 (CC)
(PER/PELJ, 2022)The First National Bank of SA Ltd t/a Wesbank v Commissioner, South African Revenue Service; First National Bank of SA Ltd t/a Wesbank v Minister of Finance 2002 4 SA 768 (CC) (FNB) decision led to the development of ...