Elmien du Plessis | Time for "just, equitable" compensation instead of full market value redress

accreditation
Share your Subscriber Article
You have 5 articles to share every month. Send this story to a friend!
0:00
play article
Subscribers can listen to this article
Following Section 25 committee hearings in Parliament there is now more clarity on what “just and equitable” compensation can look like, writes the author.
Following Section 25 committee hearings in Parliament there is now more clarity on what “just and equitable” compensation can look like, writes the author.
Ashraf Hendricks, GroundUp

More case law is needed in the land reform context, especially from the Constitutional Court to to give adequate guidance on the principles of justice and equity, writes Elmien du Plessis.

You can hardly escape studying for an LLB these days without being introduced to the concept of "transformative constitutionalism".

A term coined by Karl Klare, it speaks of "a long-term project of constitutional enactment, interpretation and enforcement committed to transforming a country's political and social institutions and power relationships in a democratic, participatory and egalitarian direction". The idea is to bring about significant social change through non-violent, political processes grounded in law.

Support independent journalism
Subscribe to News24 for just R75 per month to read all our investigative and in-depth journalism.
Subscribe
Already a subscriber? Sign in
Lockdown For
DAYS
HRS
MINS
Voting Booth
When it comes to gun control, South Africa needs:
Please select an option Oops! Something went wrong, please try again later.
Results
Stricter laws to control gun ownership
23% - 5 votes
To allow citizens to make their own choices
77% - 17 votes
Vote
Rand - Dollar
14.19
+0.1%
Rand - Pound
19.76
+0.1%
Rand - Euro
16.94
+0.1%
Rand - Aus dollar
10.77
+0.0%
Rand - Yen
0.13
+0.1%
Gold
1,779.17
+0.2%
Silver
26.10
+0.6%
Palladium
2,654.00
+0.2%
Platinum
1,106.00
+0.6%
Brent Crude
75.56
+0.5%
Top 40
60,188
0.0%
All Share
66,264
0.0%
Resource 10
63,672
0.0%
Industrial 25
87,124
0.0%
Financial 15
13,010
0.0%
All JSE data delayed by at least 15 minutes Iress logo
Editorial feedback and complaints

Contact the public editor with feedback for our journalists, complaints, queries or suggestions about articles on News24.

LEARN MORE