Advocate: State must ensure transformation

2012-06-01 11:05
Cape Town - A leading constitutional law advocate says the responsibility for transforming society lies squarely on the shoulders of government, it was reported on Friday.

The Cape Times quoted Wim Trengove as saying that while the government charged that courts were against transformation, courts were in fact the "drivers" thereof, often in the face of fierce state resistance.

He said the Constitution set minimum standards for provision of basic services and the government was required to, within its available resources, give the poor access to food, water, education, and social security.

As for land reform, it was a misconception that the Constitution inhibited protection of property under a willing-buyer, willing-seller principle.

"The Constitution does not recognise a willing-buyer, willing-seller principle at all. It gives the state a free hand to expropriate land for transformation.

"The Constitution merely requires it pay just and equitable compensation for the land."

Trengove was speaking at the launch of a book on law on poverty at Stellenbosch University on Thursday evening.

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