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Insecure land tenure and the impact of the national Credit Act 34 of 2005
Mini Dissertation (LLM)--University of Pretoria, 2018.
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| Format: | Thesis |
| Language: | English |
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University of Pretoria
2019
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| _version_ | 1867613632236355584 |
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| access_status_str | Open Access |
| author2 | Brits, Reghard |
| author_browse | Brits, Reghard |
| author_facet | Brits, Reghard |
| collection | Thesis |
| dc_rights_str_mv | © 2019 University of Pretoria. All rights reserved. The copyright in this work vests in the University of Pretoria. No part of this work may be reproduced or transmitted in any form or by any means, without the prior written permission of the University of Pretoria. |
| description | Mini Dissertation (LLM)--University of Pretoria, 2018. |
| format | Thesis |
| id | oai:repository.up.ac.za:2263/69951 |
| institution | University of Pretoria (South Africa) |
| language | English |
| last_indexed | 2026-06-10T12:39:13.632Z |
| license_str | Other — see source repository |
| provenance_str_mv | Harvested via OAI-PMH from UPSpace — University of Pretoria Institutional Repository |
| publishDate | 2019 |
| publishDateRange | 2019 |
| publishDateSort | 2019 |
| publisher | University of Pretoria |
| publisherStr | University of Pretoria |
| record_format | dspace |
| source_str | UPSpace — University of Pretoria Institutional Repository |
| spelling | oai:repository.up.ac.za:2263/69951 Insecure land tenure and the impact of the national Credit Act 34 of 2005 Brits, Reghard u10539566@tuks.co.za Nevhutanda, Gundo Victoria UCTD Mini Dissertation (LLM)--University of Pretoria, 2018. South Africa has come a long way since it was declared a democracy in 1994. As the saying of Jean-Baptiste Alphonse Klaar goes, "plus ca change, plus c'est la meme chose"- the more things change the more they stay the same. This dissertation considers the South African property system, specifically with reference to insecure tenure rights, where they stem from and their practical application under the current dispensation. It briefly covers the genesis of communal land systems flowing from Bantustans (also known as homelands), and the development of the laws which attempted to regulate these communal land systems. This dissertation further considers the relationship between insecure land tenure and the National Credit Act 34 of 2005. In particular, whether insecure land tenure limits the application of the National Credit Act and the achieving of its purposes. In this regard, the development of consumer credit legislation is traced back to the 1920's and up to the passing of the National Credit Act as it is known today. The National Credit Act is considered against the Constitution of South Africa, 1996 and prevailing land tenure legislation. Section 25(9) of the Constitution instructs Parliament to enact legislation that will realise the right to security of land tenure; it appears that this constitutional obligation has been a forgone dream for many South Africans who still do not enjoy secure and formalised land tenure rights. The National Credit Act aims to promote the development of a credit market that is accessible by all South Africans, and particularly those who have historically been unable to access credit under sustainable market conditions. Chapter 5 of this dissertation attempt to shed light to the seriousness of the limitations which insecure land systems has on the fulfilment of this and many other objectives of the National Credit Act. Lastly, recommendations will be put forward in an attempt to remedy the status quo in a manner that secures a permanent a solution for many South Africans. Mercantile Law LLM Unrestricted 2019-06-02T11:39:33Z 2019-06-02T11:39:33Z 2019/04/04 2018 Mini Dissertation Nevhutanda, GV 2018, Insecure land tenure and the impact of the national Credit Act 34 of 2005, LLM Mini Dissertation, University of Pretoria, Pretoria, viewed yymmdd <http://hdl.handle.net/2263/69951> A2019 http://hdl.handle.net/2263/69951 en © 2019 University of Pretoria. All rights reserved. The copyright in this work vests in the University of Pretoria. No part of this work may be reproduced or transmitted in any form or by any means, without the prior written permission of the University of Pretoria. application/pdf University of Pretoria |
| spellingShingle | UCTD Insecure land tenure and the impact of the national Credit Act 34 of 2005 |
| title | Insecure land tenure and the impact of the national Credit Act 34 of 2005 |
| title_full | Insecure land tenure and the impact of the national Credit Act 34 of 2005 |
| title_fullStr | Insecure land tenure and the impact of the national Credit Act 34 of 2005 |
| title_full_unstemmed | Insecure land tenure and the impact of the national Credit Act 34 of 2005 |
| title_short | Insecure land tenure and the impact of the national Credit Act 34 of 2005 |
| title_sort | insecure land tenure and the impact of the national credit act 34 of 2005 |
| topic | UCTD |
| url | http://hdl.handle.net/2263/69951 |