Constitutional Court Review

EDITORIAL
1.	Volume-Specific Editorial Committee	III
NEW THEORIES OF PROPERTY LAW
2.	There is No Right to Property: Clarifying the Purpose of the Property Clause Thomas Coggin, University of the Witwatersrand	1
3.	Rethinking Property: Towards a Values-Based Approach to Property Relations in South Africa Mandisa Shandu, University of Oxford & Michael Clark, Ndifuna Ukwazi	39
PROPERTY LAW: SPECIFIC QUESTIONS
4.	Compensation For Expropriation In South Africa and International Law: The Leeway and the Limits Elmien Du Plessis & Hein Lubbe, North-West University	79
5.	The Constitutionality of Estoppel in the Context of Vindication Clireesh Joshua, University of Pretoria	113
6.	Civiliter Exercise of a Statutory Servitude: Reflections on Link Africa and Telkom Gustav Muller, University of Pretoria	145
THE CONSTITUTION, CUSTOMARY LAW & THE COMMON LAW
7.	Constitutionally Transforming South Africa by Amalgamating Customary and Common Law: Ramuhovhi, the Proprietary Consequences of Marriage and Land as Property Sindiso Mnisi Weeks, University of Massachusetts Boston & University of Cape Town	165
8.	Chastisement and the Consideration of African Customary Law in Child Law Matters Mathabo Baase, University of Cape Town	207
9.	Contractual Fairness at the Crossroads Leo Boonzaier, University of Cape Town	229
10.	Pridwin: Private School Contracts, the Bill of Rights and a Missed Opportunity Nurina Ally, University of Cape Town, & Daniel Linde, Johannesburg Society of Advocates	275
CRITICAL RACE THEORY & NON-RACIALISM
11.	Non-Racial Constitutionalism: Transcendent Utopia or Colour-blind Fiction? Kevin Minofu, Columbia University	301
12.	Discriminatory Language: A Remnant of Colonial Oppression Tanveer Rashid Jeewa, International Commission of Jurists & Jatheen Bhima, Pan African Bar Association of South Africa	323
ECONOMIC JUSTICE & TAX
13.	Economic Policy and Socio-Economic Rights in the South African Constitution, 1996–2021: Why Don’t They Talk to Each Other? Mark Heywood, Maverick Citizen & University of Cape Town	341
14.	Converging Tax Policy and Human Rights in the Face of Tax Abuse: A Developing Country Perspective Salome Chigubu & Thabo Legwaila, University of Johannesburg	379
15.	South African Taxpayers’ Right to Privacy in Relation to the Cross-border Exchange of Tax Information Carika Fritz, University of the Witwatersrand	411
LOOKING BACK, LOOKING FORWARD
16.	The Jurisdiction of the Constitutional Court Eshed Cohen, High Court of South Africa	433
17.	Acting in Reliance upon the Wrong Empowering Provision: Reconsidering the Principle in Harris Piet Olivier, Cape Bar	483
18.	Buying Democracy: The Regulation of Private Funding of Political Parties and of the Press After My Vote Counts Iddo Porat, College of Law and Business, Israel	503
19.	Which Rights? Whose Rights? Public Health and Human Rights Through the Lens of South Africa’s COVID-19 Jurisprudence Safura Abdool Karim & Petronell Kruger, University of the Witwatersrand	533

About CCR

The Constitutional Court Review is the only international journal of record that devotes its attention to the work of South Africa’s highest court. The long essays, replies, articles and case comments use recent decisions to navigate more general currents in the Court’s jurisprudence. The authors may be first rate black letter lawyers, but their interventions are about what South African constitutional law ought to be, not what it is. The Journal follows a strict double-blind, peer-reviewed editorial process. It both solicits work from outstanding scholars and accepts submissions that warrant inclusion. The Editors engage with their authors from start to finish and follow internationally accepted best practices. The Constitutional Court Review has been fortunate to have several steadfast sponsors: the University of the Witwatersrand, the University of Johannesburg, the Konrad Adenauer Stiftung, SAIFAC and Constitutional Law of South Africa. For any inquiries please contact the Editor-in-Chief, Professor Stu Woolman, at stuart.woolman@wits.ac.za. We look forward to your responses to our work.

The Constitutional Court Review is published by NISC (Pty) Ltd and all issues are available at Sabinet.