09:00 - 12:30 (Registration from 08:15)
Brookes Hill Drive
Port Elizabeth, Eastern Cape 6013
Moniqua Janse van Vuuren / Dot Robinson
Online registration is closed.
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CONSTITUTIONAL LAND RIGHTS - Presented by Advocate Peter O'Halloran
Speaker Profile :
- Admitted Advocate in SA and Botswana
- Lectured LL.B Students in the field of Administrative and Constitutional Law
- Write for Farmers Weekly and Local Newspapers as the Tax Columnist
- Head up the Tax and Fiduciary Divisions of BDO in Gaborone
- LL.M in Tax
- Been in practice for over 22 years and appears for clients in the High Courts of Botswana and SA.
The Land Rights course is aimed at the commercial farming community and their support services (accounting and legal professionals) and its aim is to inform the delegates of the rights under the constitution they have with regard to their land. Specifically the recent threats to security of tenure are explored in light of current law.
The delegates will be informed of the present land ownership rights (real rights as they stand at present) and what guarantees are provided within the constitution.
The Land reform Green Paper is discussed along with other relevant Government documentation with regard to land rights.
Much has been said in the media about the Youth League and the desire to change the constitution so as to remove the Constitutional Protection of landowners. The remaining rights, under the bill of rights are therefore also explored, in light of the Constitutional Provisions regarding their interpretation, to ascertain whether property ownership may be secured under these remaining rights. International laws is touched upon and foreign law is also looked at, through case authorities.
The talk is not about reformation, but rather aimed at the landowner who wishes to ensure that his property is in fact secure. The property clause in the Bill of Rights under the Constitution in South Africa has been described as a balancing provision, where the interests of the public are balanced against the interests of the owner. The basic thrust of the talk is to explore ways to balance the scales in favour of the owner of land. Some helpful suggestions and conclusions regarding actions that can be taken by landowners in the securing of their rights to their land.
Course Content :
- Private Property Rights, the basics;
- Protection of private property, pre-constitution;
- History of the drafting of the constitution and the influence of this on its interpretation;
- The most important constitutional principles agreed upon during the negotiations at Kempton Park and their influence on property rights;
- Discussion of fundamental rights under the constitution;
- The constitution in perspective;
- The property clause and the limitation of rights clauses in the constitution;
- The Youth League policy document;
- Passage of laws;
- The Green Paper on Land reform in SA and whether its tone is in line with the constitutional principles;
- Interpretation of the Bill of Rights in light of International Law;
- The effect of customary international law upon interpretation of legislation;
- Trends in foreign persuasive law;
- Constitutional litigation and time barring;
- Discussion of highly relevant case authority;
- Practical suggestions and possible solutions in respect of retaining title to land.
Who Should Attend :
- Accountants / Tax practitioners who deal with farming clients
- Financial consultants and Lawyers who practice in the agricultural market
- Any businessman or farmer who is a landowner.
Attendance will secure 3.5 hours verifiable CPD points incl other professional bodies i.e. (SAICA, SAIPA, SAIBA, ACCA, FPI, CSSA, LSSA, FISA)
Event Investment :
(incl. SAICA, SAIPA, SAIBA, ACCA, IAC, ICB, FPI, CSSA, LSSA, FISA)
R400 (this only qualifies for trainees working under a learnership
program within an organisation)