Can the journey affect the destination? A single system of law approach to property remedies

Abstract

This article reflects on a particular problem facing South African law currently, namely the haphazard way in which courts are going about trying to find a legal doctrine for remedies that is well-suited for a new constitutional order. The hypothesis is that it is necessary to reflect on the challenges facing South African courts in so far as adequate remedies are sought for the violations of rights generally and infringements of constitutional rights specifically. In order to achieve this goal, the contribution investigates three different areas of property law where the problem is particularly mentioned. In the final analysis, the article concludes by asserting that the project for the achievement of equality and human dignity for all may seriously be in jeopardy if the approach to finding adequate redress for the infringement of rights is simply applied in a business-as-usual fashion without considering the implications from a systemic point of view.