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Assessing and promoting civil and minority rights in South Africa.

[Source: Politicsweb by Koos Malan.]

The EFF and ANC sponsored a resolution of the National Assembly on 27 February 2018 aimed at the eventual amendment of section 25 of the Constitution, with a view towards constitutionalising the confiscation (inappropriately called the expropriation without compensation) of property. Property, however, is not only a private matter. It is not only an individual rights question.

Property is also the bulwark for the true separation, more correctly the dispersal of power. The dispersal of power, along with its concomitant checks and balances, are indispensable prerequisites for constitutionalism and the guarantor of all rights and freedoms. On close analysis, the campaign against private property constitutes, therefore, a full-scale assault on constitutionalism and a free society.

According to the basic tenets of modern-day liberal constitutional law, the trias politica (the separation of powers between the legislature, executive and the judiciary) represents an adequate limitation of state power, especially when supported by so-called independent state organs, such as the public protector. More specifically, the courts are purported to serve as a sufficient check on, and balance against, a potentially rights-infringing legislature, executive and ruling party.

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South Africa at a Glance
57 700 000 (mid 2018 estimate)
5.1% y/y in October 2018 (CPI) & +6.9 y/y in October 2018 (PPI)
2.2% q/q (3rd quarter of 2018)
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