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Constitutional Law [2017] ZAGPPHC 651

Rahube v Rahube and Others (101250/2015)

Rahube v Rahube and Others (101250/2015) [2017] ZAGPPHC 651; 2018 (1) SA 638 (GP) (26 September 2017)

Section 2(1) of the Upgrading of Land Tenure Rights Act 112 of 1991 is unconstitutional to the extent that it provides for the automatic conversion of tenure rights into ownership without notice or an opportunity for affected parties to be heard. The legislative scheme perpetuated gender discrimination by excluding women from ownership, as the underlying Proclamation was racist and sexist. The absence of procedural safeguards violated the rights to equality and access to courts under sections 9 and 34 of the Constitution. The declaration of invalidity is made retrospective to 27 April 1994, b…

  • Gender Discrimination
  • Automatic Conversion Of Tenure
  • Right To Property
  • Right To Equality
  • Access To Courts
  • Retrospective Invalidity
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