Answer to Question #319239 in Law for Rocky

Question

Describe transformative constitutionalism in your own words. (2)

[2]

QUESTION 2: Learning unit 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.