ARTICLE: TIPPING THE SCALES? THE LIMITATION OF FOREIGN LAND OWNERSHIP IN SOUTH AFRICA
2015-02-16
Section 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.
The Centre for Constitutional Rights (the CFCR) notes with great concern the events of 12 February 2015 surrounding the joint sitting of Parliament, and State of the Nation address.
When will the President be answering questions in the National Assembly again?
The Centre for Constitutional Rights (the CFCR) welcomes, in principle, a judgment delivered by the Constitutional Court in which it confirmed that the South African Police Service Act 68 of 1995 as amended (the Act), was still inconsistent with the constitutional obligation to create a structurally and operationally independent anti-corruption unit.
South Africa, by virtue of section 1 of the Constitution, is a democratic state founded on, among others, the value of “a multi-party system of democratic government, to ensure accountability, responsiveness and openness“.
Recent events – both in Parliament and the public sphere – highlight the inherent tension in the Constitution, through the requirement that the Public Protector account to Parliament, while simultaneously requiring the Public Protector hold the same institution accountable.
The Public Protector has come under increased fire from some political parties, organisations and individuals for the manner in which she exercises the powers afforded to her by the Constitution. This criticism is unfounded – both in context of the Constitution as well as the Public Protector Act (the Act).
The Economic Freedom Fighters (the EFF) are causing an uproar inside and outside the hallowed hallways of Parliament.