Staatsinmenging in privaat-eiendom – verantwoordbaar vanuit Christelike perspektief?

Abstract

Government interference in private property – justifiable from a Christian perspective?

A new concept of property was introduced into the South African legal system with the promulgation of the Constitution of South Africa (1996). Many South Africans regard this new notion as an imminent danger to the concept of ownership as known in the pre-constitutional era. The aim of this article is to establish whether the new concept of property and the state’s role in regulating property can be justified from a Christian perspective.

The author briefly discusses the views of Thomas of Aquino and Hugo de Groot with regard to the individual’s rights to hold private property. Thereafter the new property concept in terms of section 25 of The Constitution, as well as the distinction between expropriation and deprivation is examined. The requirements for expropriation, deprivation and constructive expropriation are discussed with reference to applicable case law. In the conclusion the author considers whether the new property concept is justifiable in the light of the previously discussed Christian perspectives.