Mark Philip Malcolm Horn, the British barrister who’s analysis on the land reform without compensation issue (which we posted on our page earlier this week) went absolutely viral, has written a second opinion. This time he highlights the Human Rights element of the situation.
Universal Declaration of Human Rights.
Article 17.
(1) Everyone has the right to own property alone as well as in association with others.
(2) No one shall be arbitrarily deprived of his property.
South Africa has signed and ratified a number of similar treaties.
Expropriation, in particular if there is a racist angle, without compensation is illegal in international law.
International Law is superior law, it takes precedence over municipal (national) law.
The African Charter on Human and Peoples’ Rights (ACHPR).
Article 14:
“The right to property shall be guaranteed. It may only be encroached upon in the interest of public need or in the general interest of the community and in accordance with the provisions of appropriate laws.”
International Convention on the Elimination of All Forms of Racial Discrimination.
Article 5
In compliance with the fundamental obligations laid down in article 2 of this Convention, States Parties undertake to prohibit and to eliminate racial discrimination in all its forms and to guarantee the right of everyone, without distinction as to race, colour, or national or ethnic origin, to equality before the law, notably in the enjoyment of the following rights:
(d) Other civil rights, in particular:
(v) The right to own property alone as well as in association with others;
(vi) The right to inherit;
These are just a few of the Treaties and Conventions that prohibit the expropriation of property without compensation.
Also to be noted is that any attempt at expropriation motivated by racist objectives is expressly declared to be illegal in international law.
Read the original article on Front Nasionaal SA
South Africa Today – South Africa News
