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ARTICLE: TIPPING THE SCALES? THE LIMITATION OF FOREIGN LAND OWNERSHIP IN SOUTH AFRICA

farmland-foterSection 25 of the Constitution, the property clause reflects a delicate balancing act between the protection of private property rights on the one hand and serving the public interest largely in the realm of land reform on the other hand. Arguably, the provisions in the property clause strike a proportionate balance between the two latter functions. This may well be about to change should the governing party’s policy proposals, most recently echoed by President Zuma during his 2015 State of the Nation Address, be passed into law.

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