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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.

Comments
  • Alfred - 2012-06-01 11:31

    "Transformation". Such a tidy little euphemism.

      oomkrummel.krummel - 2012-07-05 13:52

      Stop BEE and affirmative action for starters....

  • Rob - 2012-06-01 11:59

    Let's get this into perspective. See http://www.answers.com/topic/transformation for some definitions, of which I will, in the manner of politicians, choose the one that most serves my purpose.... The change undergone by an animal cell upon infection by a cancer-causing virus. Like most everything context is more important than verbage.

  • badballie - 2012-06-01 12:54

    there will be blood

  • Mark - 2012-06-01 13:06

    I don't think that Adv. Trengrove is aware that the ANC operates within it's own constitution. It's easy to say that society must transform but should the ANC itself not first transform themselves from greed, corruption, nepotism, racism etc.

  • Mart - 2012-06-01 13:52

    'Society' is all that IS propping up this country at the moment...Government and the ANC have their own missions nd objectives. I cannot believe the labour force has not yet recognised the influx of Chinese (potentially much cheaper labour) into the markets yet. This is the transformation that Government is introducing and supporting.

  • Andre - 2012-06-01 13:54

    The ANC does not adhere to their "transformation" legislation by jacking up service delivery, equipping schools with study material, hospitals with equipment and medicine, etc. Their only transformation consists of changing existing street names that costs millions while potholes and other important issues are neglected. South Africans live in an extremely dangerous country while the big knobs surround them with police with blue lights and sirens while bullying the public. I can go on and on!

  • Mike Purchase - 2012-06-01 16:02

    I agree,law should be upheld and excercised at all times starting at government level hehehe.

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