This article examines whether, to give effect to the section 26 constitutional right to adequate housing, courts can (or should) compel the state to expropriate property in instances when it is not just and equitable to evict unlawful occupiers from privately-owned land (unfeasible eviction). This question was first raised in the Modderklip case, where both the Supreme Court of Appeal (Modder East Squatters v Modderklip Boerdery (Pty) Ltd; President of the Republic of South Africa v Modderklip Boerdery (Pty) Ltd 2004 3 All SA 169 (SCA)) and Constitutional Court (President of the Republic of South Africa v Modderklip Boerdery (Pty) Ltd 2005 5 SA 3 (CC)). dodged the question, opting instead to award constitutional damages to the property owne...
Recent case law shows that vulnerable, previously disadvantaged private sector tenants are currently...
This article examines the expropriation of property for public purposes at central, provincial and ...
Recent case law shows that vulnerable, previously disadvantaged private sector tenants are currently...
This article examines whether, to give effect to the section 26 constitutional right to adequate hou...
Unlawful occupation has recently peaked due to the slow pace of the State's provision of housing, co...
The unlawful occupation of inner-city buildings in South Africa has led to a number of legal dispute...
The unlawful occupation of inner-city buildings in South Africa has led to a number of legal dispute...
The unlawful occupation of inner-city buildings in South Africa has led to a number of legal dispute...
The unlawful occupation of inner-city buildings in South Africa has led to a number of legal dispute...
Section 25 of the Constitution provides two ways in which the state may interfere with property righ...
On 4 February 2010, the South Gauteng High Court ordered the City of Johannesburg (the City) to pay ...
Section 25 of the Constitution provides two ways in which the state may interfere with property righ...
CITATION: Van der Walt, A.J. 2008. Developing the law on unlawful squatting and spoliation. South Af...
Section 25 of the Constitution provides two ways in which the state may interfere with property righ...
Section 25 of the Constitution provides two ways in which the state may interfere with property righ...
Recent case law shows that vulnerable, previously disadvantaged private sector tenants are currently...
This article examines the expropriation of property for public purposes at central, provincial and ...
Recent case law shows that vulnerable, previously disadvantaged private sector tenants are currently...
This article examines whether, to give effect to the section 26 constitutional right to adequate hou...
Unlawful occupation has recently peaked due to the slow pace of the State's provision of housing, co...
The unlawful occupation of inner-city buildings in South Africa has led to a number of legal dispute...
The unlawful occupation of inner-city buildings in South Africa has led to a number of legal dispute...
The unlawful occupation of inner-city buildings in South Africa has led to a number of legal dispute...
The unlawful occupation of inner-city buildings in South Africa has led to a number of legal dispute...
Section 25 of the Constitution provides two ways in which the state may interfere with property righ...
On 4 February 2010, the South Gauteng High Court ordered the City of Johannesburg (the City) to pay ...
Section 25 of the Constitution provides two ways in which the state may interfere with property righ...
CITATION: Van der Walt, A.J. 2008. Developing the law on unlawful squatting and spoliation. South Af...
Section 25 of the Constitution provides two ways in which the state may interfere with property righ...
Section 25 of the Constitution provides two ways in which the state may interfere with property righ...
Recent case law shows that vulnerable, previously disadvantaged private sector tenants are currently...
This article examines the expropriation of property for public purposes at central, provincial and ...
Recent case law shows that vulnerable, previously disadvantaged private sector tenants are currently...