JF123 wrote: Tue Sep 06, 2022 12:43 pm
Kan iemand my dalk net wys waar in die "white paper" praat hulle van onteiening van wild plase. Ek kry dit nie.
11.3.2.4 PROPERTY RIGHTS
The recognition of property rights has been a historical cornerstone of South African common law and has recently
found expression in the Bill of Rights of the Constitution. Because much of South Africa's biodiversity falls within
private ownership, it is crucial to consider the property clause of the Bill of Rights in the context of this White Paper.
Historically, under South African common law, the State has had authority to regulate and control the manner in
which any property, including biological resources, is conserved and used. The section on property in the Bill of
Rights reinforces this common law position. Section 25(1) of the Constitution provides that no one may be deprived
of property unless this is in terms of a law of general application and is not arbitrary. The section further stipulates
that compensation is only payable if there is expropriation and does not refer to the situation where there is only
deprivation. The State, through legislation, is, therefore, empowered to introduce regulations on property to achieve
the conservation and sustainable use of biodiversity.
