By South African standards what are our property rights
South Africa’s constitution is considered fairly new, but by constitution standards we have one of the best worldwide. At the centre of this constitution are property rights, one of the most difficult aspects also of the constitution as there is much history when it comes to South African property rights. There are many opponents and supporters who would like steadfast property rights safeguard. This comes from each person’s own personal historical view.
In many cases white South Africans are seen as wanting property rights to safeguard the property they may havegained under apartheid. Whereas black South Africans are steadfastly opposing such rights, due them being seen as property right protection of illegitimate gains. This is the historical view of property rights.
At the head of property rights is the function to be able to guarantee and protect an individual or groups rights in regards to property and their rights and obligations. Within the constitution of South Africa there is a clause in property rights which states the proprietary relationships that are deemed qualified for constitutional protection.
Property rights have changed many times and as it stands now the property rights of South Africa are in place to attempt to right the wrongs of the past. The 1997 White Paper on Land Policy was drawn up and its objectives were stated clearly, it would readdress apartheid land issues, to help bring about national reconciliation and national stability, within the scope of property to support the economic growth of the country and finally to make attempts at improving personal welfare and decrease the poverty numbers.
An important aspect of property rights is the right for an individual/owner of property to enforce vindicatory action against those who may be unlawfully holding it. This is applicable to the property owners of movable and immovable property, in the case of immovable property the owner shall have the right to enforce eviction proceedings.
Property rights in South Africa are complex and have been put in place to try to rectify the land issues of the past and to keep the property rights equal for all.