05 Nov 2018
by Dr. Aninka Claassens
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Maledu judgment victory for the Constitution over mining evictions

The Constitutional Court ruled unanimously last week that mining and the Minerals and Petroleum Resources Development Act (MPRDA) cannot trump the constitutional rights of the 17-million South Africans living in former homeland areas.

13 Sep 2018
by Nyasha Karimakwenda and Ayesha Motala
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Latest Traditional Courts Bill draft flouts constitutional rights even more disturbingly

Perhaps we should have seen this coming. Based on the antagonistic tone of the Portfolio Committee on Justice and Correctional Services during public hearings held in March this year, the newest version of the Traditional Courts Bill (TCB) was likely […]

13 Aug 2018
by Aninka Claassens
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Amending the property clause risks making poor more vulnerable to dispossession without compensation

A man sitting next to me at a land workshop in Rustenburg last month asked me sadly whether the problems on the platinum belt meant, as some younger delegates alleged, that Mandela had indeed sold black people out during the […]

28 May 2018
by Ohene Yaw Ampofo-Anti    
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Court orders tribal authority to act democratically:Traditional leadership can be compatible with democracy and the Constitution

Do traditional leaders have to consult with their community before litigating on their behalf? On 9 March 2018, a Mahikeng High Court judgment answered this question: yes, they do.

09 Apr 2018
by Aninka Claassens
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Elections trump land reform as panel report is put on back burner

At a time when debate about land reform and property rights is raging throughout South Africa, Parliament appears to have shelved the detailed report and recommendations of the High Level Panel (HLP) headed by former president Kgalema Motlanthe.