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SECURING THE FOUNDATION OF PROSPERITY: WHY SOUTH AFRICA MUST EXPAND, NOT ABOLISH, PROPERTY RIGHTS

Three decades after South Africa’s transition to a non-racial democracy, the country’s unresolved land question remains one of its most volatile political and economic fault lines. Recently, calls to abolish private land ownership have resurfaced with renewed vigor. Promoted by political figures such as Mzwanele “Jimmy” Manyi and the uMkhonto weSizwe Party (MKP), this populist rhetoric advocates for the elimination of private property in favour of total state ownership or state trusteeship.

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CUSTOMARY MARRIAGES, PROPERTY RIGHTS AND CONSTITUTIONAL EQUALITY: WHY VVC V JRM MATTERS TO SOUTH AFRICANS

VVC v JRM clarifies how South African law treats couples who first marry under customary law and later conclude a civil marriage. The Court held this is one continuous marriage, not a new one. Rights and obligations from the customary marriage continue and property accumulated remains protected. Spouses cannot informally change proprietary rights; any change to the matrimonial property system requires court approval under section 21 of the Matrimonial Property Act. Interpreting section 10(2) of the Recognition of Customary Marriages Act with the MPA, the judgment advances equality, dignity, the protection of property rights and legal certainty, protecting vulnerable spouses and creditors.

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