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Moreover, section 25(4) provides that "the nation's commitment to land reform, and to reforms to bring about equitable access to all South Africa's natural resources" is an element of the "public interest" as deployed in sections 25(2) and 25(3).
Section 21: freedom of movement, including the right to leave South Africa, the right of citizens to a passport and the right to enter South Africa. Section 22: the right to choose a trade, occupation or profession, although these may be regulated by law. Section 23: labour rights, including the right to unionise and the right to strike.
The new constitution explicitly protects the right to property, including land, in section 25(1), under the Bill of Rights. Section 25(2) and (3) states how property can be regulated and expropriated, with limited compensation from people who were dispossessed after 1913 by racial discrimination.
The bank contended successfully that this constituted an arbitrary deprivation of its property in violation of the property rights protected by section 25(1) of the Constitution of South Africa. In evaluating this argument, Ackermann set out a test for determining whether deprivation of property has taken place, [ 2 ] though it is debatable to ...
The court found that it should balance the rights of property owners under the Constitution [27] with those of indigents and occupiers, [28] and ruled that the landowners' right to equality [29] would be infringed if the state were to burden them with providing alternative accommodation without compensation. The obligation to provide access was ...
South Africa is generally considered to have had five constitutional documents since the Union was established in 1910, including the current one. The constitutions in chronological order are: South Africa Act 1909; Constitution of South Africa, 1961 (also known as the "Republican Constitution")
The ANC's proposed amendment of section 25 of the constitution of South Africa which failed in the Parliament of South Africa, by a vote of 204 MPs in favour, 145 MPs against and 0 abstentions. [64] The bill required a two-thirds majority.
The Republic of South Africa Constitution Bill was introduced in January 1961. It came into force on 31 May 1961; 31 May was a significant day in South African history, being both the day in 1902 on which the Treaty of Vereeniging was signed, ending the Second Anglo-Boer War, and the day in 1910 on which the Union of South Africa came into being.