Watching the World Burn: Does the State have a general, constitutional obligation to investigate and remedy suspected wrongdoing committed under its authority?

By: Nic Herd To paraphrase the well-known rejoinder of Alfred Pennyworth in dialogue with Bruce Wayne (Batman), from The Dark Knight (2008):  Unfortunately, some are happy to watch the world burn.  We have all borne witness to a willingness to participate in or overlook wrongdoing within and without South Africa’s government – some of the … Continue reading Watching the World Burn: Does the State have a general, constitutional obligation to investigate and remedy suspected wrongdoing committed under its authority?

Who’s “everyone”? The Tafelberg judgment in light of South Africa’s housing crisis

If you read our last post, you’ll be familiar with section 25 of the Constitution and the calculation of compensation for expropriation. But section 25(5) also provides that the state must enable citizens to gain access to land on an equitable basis. What’s more, section 26 provides that “everyone has the right to access to … Continue reading Who’s “everyone”? The Tafelberg judgment in light of South Africa’s housing crisis

To compensate or not to compensate? Why the Expropriation Bill is probably unconstitutional

Land reform and expropriation without compensation have long been the subject of heated political debate and public discourse in South Africa. Last week Wednesday, submissions made by AfriForum's Ernst Roets regarding the recently introduced Expropriation Bill B3-2020 ("the Bill") drew the ire of Floyd Shivambu and Mbuyiseni Ndlozi. Addressing the Ad Hoc Committee Amending Section … Continue reading To compensate or not to compensate? Why the Expropriation Bill is probably unconstitutional