Exam Problem Questions and Answers – PVL 3701
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, Section 25(1) of the Constitution (the deprivation clause) (1) provides that “no one
may be deprived of property except in terms of a law of general application and no
law may permit arbitrary deprivation of property”. (1) The provision in the Physical
Planning Act 125 of 1991 is in terms of town planning legislation, in other words, a
law of general application. (1) The conditions are restrictive because they determine
that the law may be used for agricultural purposes only. (1) Owners of these
properties obtain ownership, subject to this restriction, which can be seen as a
deprivation in terms of section 25 of the Constitution. (1) The provision is
permissible.
,Next page
, Section 25(1) of the Constitution (the deprivation clause) (1) provides that “no one
may be deprived of property except in terms of a law of general application and no
law may permit arbitrary deprivation of property”. (1) The provision in the Physical
Planning Act 125 of 1991 is in terms of town planning legislation, in other words, a
law of general application. (1) The conditions are restrictive because they determine
that the law may be used for agricultural purposes only. (1) Owners of these
properties obtain ownership, subject to this restriction, which can be seen as a
deprivation in terms of section 25 of the Constitution. (1) The provision is
permissible.
