A Section of the Bill of proprietary in South Africa

State Landlord Tenant Law - A Section of the Bill of proprietary in South Africa

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This Bill of proprietary is a cornerstone of democracy in South Africa. It enshrines the proprietary of all population in our country and affirms the democratic values of human dignity, equality and freedom.

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State Landlord Tenant Law

The state must respect, protect, promote and fulfil the proprietary in the Bill of Rights.

The proprietary in the Bill of proprietary are subject to the limitations contained or referred to in section 36, or elsewhere in the Bill.

Application:

The Bill of proprietary applies to all law, and binds the legislature, the executive, the judiciary and all organs of state.

A provision of the Bill of proprietary binds a natural or a juristic man if, and to the extent that, it is applicable, taking into account the nature of the right and the nature of any duty imposed by the right.

When applying a provision of the Bill of proprietary to a natural or juristic man in terms of subsection (2), a court ­ in order to give ensue to a right in the Bill, must apply, or if requisite develop, the tasteless law to the extent that legislation does not give ensue to that right; and may establish rules of the tasteless law to limit the right, in case,granted that the limitation is in accordance with section 36(1).

A juristic man is entitled to the proprietary in the Bill of proprietary to the extent required by the nature of the proprietary and the nature of that juristic person.

Property proprietary in South Africa:

No one may be deprived of asset except in terms of law of general application, and no law may permit arbitrary deprivation of property.

Property may be expropriated only in terms of law of general application ­for a collective purpose or in the collective interest; and subject to compensation, the number of which and the time and manner of payment of which have whether been agreed to by those affected or decided or approved by a court.

The number of the payment and the time and manner of payment must be just and equitable, reflecting an equitable equilibrium between the collective interest and the interests of those affected, having regard to all relevant circumstances, including ­the current use of the property; the history of the acquisition and use of the property; the market value of the property; the extent of direct state investment and subsidy in the acquisition and beneficial capital revising of the property; and the purpose of the expropriation.

For the purposes of this section: ­

The collective interest includes the nation's commitment to land reform, and to reforms to bring about equitable passage to all South Africa's natural resources; and asset is not little to land.

The state must take cheap legislative and other measures, within its available resources, to take care of conditions which enable citizens to gain passage to land on an equitable basis.

A man or society whose tenure of land is legally insecure as a ensue of past racially discriminatory laws or practices is entitled, to the extent in case,granted by an Act of Parliament, whether to tenure which is legally collect or to comparable redress.

A man or society dispossessed of asset after 19 June 1913 as a ensue of past racially discriminatory laws or practices is entitled, to the extent in case,granted by an Act of Parliament, whether to restitution of that asset or to equitable redress.

No provision of this section may impede the state from taking legislative and other measures to perform land, water and linked reform, in order to redress the results of past racial discrimination, in case,granted that any departure from the provisions of this section is in accordance with the provisions of section 36(1).

Parliament must enact the legislation referred to in subsection.

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