CHAPTER 46

Abstract

Property Theunis Roux The property clause 46.1 The function and structure of the property clause inquiry 46.2 Application (a) Application of the property clause to private actors (b) Who is entitled to the rights protected by section 25? 46.3 Is the interest at stake constitutional property? (a) Introduction (b) The nature of the right (c) The object of the right 46.4 Has there been a deprivation of property? 46.5 Is the law that provides for the deprivation consistent with section 25(1)? (a) Law of general application (b) Arbitrary deprivation of property (c) Deprivation of property and the right to just administrative action 46.6 Is the deprivation justified under section 36? 46.7 Does the deprivation amount to an expropriation of property? 46.8 Does the expropriation comply with sections 25(2) and (3)? (a) 'For a public purpose or in the public interest' (b) Just and equitable compensation (i) A just and equitable amount of compensation (ii) Payment of compensation in a just and equitable manner (iii) Payment of compensation within a just and equitable time 46.9 Is the expropriation justified under section 36? 46.10 Land rights