South Africa Archives - Martin van Staden

Blog, Jurisprudence24 November 20217 December 2021

“Without” or “for nil” compensation? The semantic question that could make or break the South African Constitution

The following remarks were delivered by Martin van Staden, Legal Fellow at Sakeliga, at a real estate seminar hosted by STBB in Stellenbosch on 24 November 2021. Imagine for aContinue reading“Without” or “for nil” compensation? The semantic question that could make or break the South African Constitution

Blog, Jurisprudence26 February 2021

‘Abandonment’ in the 2020 Expropriation Bill

I have said and written much about the Expropriation Bill of 2020, which will likely become the Expropriation Act of 2021 sometime this year. In this article I would likeContinue reading‘Abandonment’ in the 2020 Expropriation Bill

Blog, Jurisprudence21 February 202126 February 2021

Finding constitutional freedom of choice in the right to dignity

The justiciability of unenumerated constitutional rights is understandably controversial. Cases decided by the Supreme Court of the United States many decades ago such as Griswold v Connecticut and Roe vContinue readingFinding constitutional freedom of choice in the right to dignity

Blog, Jurisprudence14 January 20211 February 2021

South Africa’s Constitution Does Not Envision Socialism, But Freedom

Advocates of increased government meddling in private and commercial affairs often point to the South African Constitution as a justification for the politicization of everything. But this is an incorrectContinue readingSouth Africa’s Constitution Does Not Envision Socialism, But Freedom

Blog, Economics6 December 201815 March 2020

In Final Plea, Economists Implore South Africa to Abandon Expropriation Plan

It is now well-known that South Africa’s parliament intends to amend the Constitution to allow the government to expropriate (forcibly seize) private property without being required to pay compensation. On November 15,Continue readingIn Final Plea, Economists Implore South Africa to Abandon Expropriation Plan

Blog, Economics28 November 201815 March 2020

The Ingonyama Trust Should Keep Its Promises and Entrench Property Rights

Co-authored with Mpiyakhe Dhlamini and Christo Hattingh. During the opening of the Provincial House of Traditional Leaders in 2016 in Ulundi, Zulu King Goodwill Zwelithini said that people who liveContinue readingThe Ingonyama Trust Should Keep Its Promises and Entrench Property Rights

Blog, Jurisprudence, Politics & philosophy23 November 201811 December 2018

The Discourse Around Expropriation Is Totally Confused

The Constitutional Review Committee has recommended that Parliament adopt expropriation without compensation as a constitutional amendment. The confused, and often outright deceitful, discourse around this policy, now more than ever,Continue readingThe Discourse Around Expropriation Is Totally Confused

Blog, Jurisprudence, Politics & philosophy23 November 201811 December 2018

Die Onteieningsdiskoers Is Totaal Verward

Die grondwetlike hersieningskomitee het onlangs aanbeveel dat die parlement die klousule in die Grondwet rakende die onteiening van grond sonder vergoeding wysig. Die verwarrende en dikwels ooglopend bedrieglike diskoers oorContinue readingDie Onteieningsdiskoers Is Totaal Verward

Blog, Economics23 November 20183 December 2018

Black Friday: A Celebration of Economic Freedom

Co-authored with Christo Hattingh. Today is the latest iteration of the Black Friday phenomenon, with ordinary people rushing to store to cash in on the best deals, spending their hard-earnedContinue readingBlack Friday: A Celebration of Economic Freedom

Blog, Jurisprudence13 November 201811 December 2018

Amending the Constitution on Shaky Grounds Will Cause Illegitimacy

Removing the right to compensation when expropriating property that is currently contained in section 25 of the Constitution, will be a lethal blow to the legitimacy and stability of ourContinue readingAmending the Constitution on Shaky Grounds Will Cause Illegitimacy