Answer to Question #325009 in History for sanele

Question

Describe transformative constitutionalism in your own words. (2)

2.1 How is a real right enforced? (2)

2.2 Read the following scenario and answer the question that follows: 

Leo has a servitude to draw water from the farm of his neighbour Barry. He is, however, unable to draw the water as the pipe is blocked. Leo now demands that Barry, as owner of the servient land, cleans and maintains the duct.  

Is Leo’s claim correct? Provide a reason for your answer. (2)

2.3 Consider the current position on land reform as described in section 25 of the Constitution of the Republic of South Africa, 1996 and answer the following questions: (a) Is expropriation without compensation currently possible under South African law? Provide a reason for your answer.     (2) (b) Do you agree with the current expropriation arrangements, as set out in section 25? Provide a reason for your answer. (2)