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A Tug of War Between Heritage Conservation and Property Rights: Some Success at Last for Heritage Conservation—City of Cape Town v. Oudekraal Estates (Pty) Ltd. [2007] JOL 20887 (C)

Published online by Cambridge University Press:  14 April 2009

Margaret Beukes
Affiliation:
Department of Public, Constitutional and International Law, University of South Africa. Email: beukem1@unisa.ac.za

Extract

When the idea of heritage conservation arises, one specific facet of the ensuing reflection is bound to emerge at some stage: the (inevitable) tension between property rights, on the one hand, and the right to culture (of which heritage conservation is an aspect), on the other. This tension intensifies when the cultural material to be conserved concerns a traditionally sensitive issue—that of the burial places of the ancestors of people designated in the South African context as previously disadvantaged.

Type
Case Note
Copyright
Copyright © International Cultural Property Society 2009

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References

De Ville J. Judicial Review of Administrative Action in South Africa. Durban: LexisNexisButterworths, 2003.Google Scholar
Giliomee G., andMbenga B.New History of South Africa. Cape Town: Tafelberg, 2007.Google Scholar
Gillman, D.The Idea of Cultural Heritage. Leicester: Institute of Art and Law, 2007.Google Scholar
Jonker J. The Silence of the Dead: Ethical and Juridical Significances of the Exhumations at Prestwich Place, Cape Town, 2003–2006. Master's diss., University of Cape Town, 2005.Google Scholar
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A Tug of War Between Heritage Conservation and Property Rights: Some Success at Last for Heritage Conservation—City of Cape Town v. Oudekraal Estates (Pty) Ltd. [2007] JOL 20887 (C)
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A Tug of War Between Heritage Conservation and Property Rights: Some Success at Last for Heritage Conservation—City of Cape Town v. Oudekraal Estates (Pty) Ltd. [2007] JOL 20887 (C)
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A Tug of War Between Heritage Conservation and Property Rights: Some Success at Last for Heritage Conservation—City of Cape Town v. Oudekraal Estates (Pty) Ltd. [2007] JOL 20887 (C)
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