The Department of Jurisprudence at the University of Pretoria's Faculty of Law recently hosted a thought-provoking research seminar on 4 September 2023. This event provided fresh insights and critical engagement on contested debates around the constitution and property law and the constitution in a presentation titled Who is No One in Property? Finding Purpose and Meaning in Section 25 of the Constitution. This seminar is a part of a monthly series of research meetings of the department and aims to foster enriching intellectual discourse not only within the Faculty but also across the wider university community.

Section 25 of the Constitution of the Republic of South Africa, 1996, is a key piece of legislation that addresses property rights. It states that "no one shall be arbitrarily deprived of property except in terms of a law of general application". The presentation by Dr Thomas Coggin probed who exactly the "no one" referred to is and what it means in the broader context of land and resource reform in South Africa. He delved into the intricacies of Section 25 and argued that the “no one” spoken of is in fact an implicit someone.  He suggests that this provision incorporates a plurality of claims to space, including indigenous and informal claims, in line with the spirit of transformative constitutionalism.This approach elevates indigenous and informal claims to land, placing them on an equal conceptual plane with more formalized property rights. This shift in perspective is essential for achieving comprehensive land and resource reform in South Africa.

To support this argument, he also draws on the decolonial / Africanist critiques to expand his understanding of transformative constitutionalism, an approach which uses the constitution as a dynamic tool to advance social justice, equality, human rights, and democracy, acknowledging its adaptability to evolving societal needs. His presentation highlighted the limitations of a narrow interpretation of property rights within a historically unjust and unequal context. Transformative constitutionalism, aspired to by South Africa’s post-apartheid constitution, seeks to redress past injustices and promote social justice. Therefore, an expansive interpretation of “no one” aligns better with the overarching goals of this approach.

Furthermore, the presentation drew on geography research to demonstrate the complexity of relationships to land in South Africa. The country's history is marked by diverse cultural groups, each with unique ties to specific areas of land, therefore recognizing these complex relationships requires acknowledging a broad spectrum of claims to property.

He suggested that this approach is essential for achieving meaningful and purposeful land reform that benefits all South Africans and promotes a more just and equitable society.