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FMF: Comment on policy regarding land ownership by foreigners
14 December 2007
Eustace Davie
Free Market Foundation (FMF)

Acknowledgements: FANRPAN acknowledges the Free Market Foundation website as the source of this report: www.freemarketfoundation.com


The Free Market Foundation

The Free Market Foundation (Southern Africa) (FMF) is a Public Benefit Organisation (No 930-017-343) and independent non-profit public policy organisation (No 020-056-NPO) founded in 1975 to promote and foster an open society, the rule of law, personal liberty, and economic and press freedom as fundamental components of its advocacy of human rights and democracy based on classical liberal principles. It is financed primarily by donations, membership subscriptions and sponsorships. The FMF produces a wide range of electronic and other publications, and promotes a legal, monetary and fiscal environment conducive to high economic growth and empowerment of ordinary citizens. (www.freemarketfoundation.com)

  • The scope of this comment

    This comment is confined to discussing areas of particular concern that appear to be problematical from a constitutional, economic and practical viewpoint. The constitutional concerns relate to the lack of recognition that the Panel appears to have given to the Preamble to the Constitution, which lies at the heart of what the people of South Africa set out to achieve in establishing our Republic. The Preamble states that the freely elected representatives of the people adopted the Constitution so as to –

    • Heal the divisions of the past and establish a society based on democratic values, social justice and fundamental human rights;
    • Lay the foundations for a democratic and open society in which government is based on the will of the people and every citizen is protected by law;
    • Improve the quality of life of all citizens and free the potential of each person; and
    • Build a united democratic South Africa able to take its rightful place as a sovereign state in the family of nations.

    The Constitution is the supreme law of South Africa and the sentiments expressed in its Preamble should act as a guide to everyone who is involved in the formulation of government policy. Those sentiments lay down an approach that is benign, seeking to improve relationships within South Africa and the rest of the world; the “family of nations” to which apartheid South Africa became a pariah because of the manner in which the apartheid government treated black citizens. The nature of the society is to be democratic and open; it is to be based on the will of the people, and every citizen is to be protected by law. Section 9(1) of the Bill of Rights states that “Everyone is equal before the law and has the right to equal protection and benefit of the law.”


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