Synopsis:
Land reform—Statutory protection of tenure—Protected occupation of land—Right of occupier to make improvements to property—Occupier may make improvements required to bring dwelling up to standard compatible with human dignity—Permission of owner not required—Extension of Security of Tenure Act 62 of 1997, s 6; Constitution, s 25(6).
Land - Ownership—Limitation—Absolutist conception of property under common law not prevailing under constitutional dispensation.
Land - Ownership—Limitation—Protection of tenure—Right of occupier to make improvements to property—Involving corresponding positive obligation on owner—Occupier may make improvements required to bring dwelling up to standard compatible with human dignity—Permission of owner not required—Extension of Security of Tenure Act 62 of 1997, s 6; Constitution, s 25(6).
Constitutional law - Human rights—Application—To private persons—Private persons may bear positive obligations under Bill of Rights—Depending on nature of duty imposed by right in question—Constitution, s 8(2).
