Question
) In Harksen v Lane 1998 (1) SA 300 (CC) section 21 was challenged in the Constitutional Court. In this case, Harksen argued that section
) In Harksen v Lane 1998 (1) SA 300 (CC) section 21 was challenged in the Constitutional Court. In this case, Harksen argued that section 21 infringed her rights in the equality guarantee in section 8 of Interim Constitution and the property guarantee contained in section 28 of the Interim Constitution (respectively sections 9 and 25 of the final 1996 Constitution). Provide the reasons why the Constitutional Court found that section 21 did not infringe section 28 of the Interim Constitutions. In your answer, only discuss the court's reasons regarding section 28 of the Interim Constitution and not section 8.
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