Exclusivity of Ownership, Security of Tenure and Eviction Orders
A Critical Evaluation of Recent Case Law
Bibliographic Data
| ID | 6222373 |
|---|---|
| Authors | Aj Van Der Walt (University of Stellenbosch. Thanks to Geo Quinot and Theuns Möller, who rendered excellent research assistance, to Geoff Budlender, who sent me copies of unreported judgments, and to Hanri Mostert, Frank Michelman, Johan van der Walt, Iain Currie, Patrick O'Brien and Juanita Pienaar, who read an early draft of the long background paper and gave me the benefit of their valuable insights and comments. Participants at the ELRC conference provided helpful discussion and comments. Juanita Pienaar assisted me..., corresponding author) |
| Year | 2002 |
| Volume | 18 |
| Issue | 3 |
| Pages | 372-420 |
| Publication date | 2002-01-01 |
| Open Access | No |
| Type | ARTICLE |
| Venue | South African Journal on Human Rights (JOURNAL) |
| Journal identifiers | ISSN: 0258-7203 • E-ISSN: 1996-2126 |
| Publisher | Informa UK Limited (PUBLISHER • GB) |
| DOI | 10.1080/02587203.2002.11827651 |
| OpenAlex | W2138383994 |
| Language | EN |
| Citations received | 2 |
| References cited | 1 |
Both the Constitution and land reform laws have introduced provisions dealing with the granting of eviction orders. The interpretation and application of these provisions have caused considerable confusion and controversy in recent case law, resulting in conflicting decisions and uncertainty. The uncertainty and confusion are exacerbated by the fact that different considerations and principles apply in different circumstances, depending on the specific land reform law or measure to be applied. In the broadest sense, this issue and the surrounding debates raise difficult technical interpretation problems, but they also involve more general, fundamental questions of reform and transformation. At the heart of the debate is the reform or development of the common law, and particularly one of the strongest and most central principles of common law, namely the protection of landownership, in view of the reformist goals of the Constitution and its attendant land reform laws. In this article, some of the problems and the case law dealing with them are analysed and discussed critically. The theoretical assumption upon which the analysis is based is that the issue cannot be approached narrowly as a technical matter of interpretation, and that broader social and political goals associated with the development of a new constitutional democracy have to be taken into account. Developments in recent case law are discussed within the framework of a general debate about transformation as a struggle between stability and change
Constitution · Eviction · Law and economics · Law reform · Political science · Sociology · Land Rights and Reforms · Law · Legal principles and applications · Property Rights and Legal Doctrine
| Citations per year | 0.12 |
|---|---|
| Citation span | 2009 - 2009 (1) |
| Highly cited | No |