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Read the below case First National Bank of SA Limited t/a Wesbank v Commissioner for the South African Revenue Services and Another; First National Bank
Read the below case
First National Bank of SA Limited t/a Wesbank v Commissioner for the South African Revenue Services and Another; First National Bank of SA Limited t/a Wesbank v Minister of Finance 2002 (4) SA 768
- Give a summary of the facts of this case using the FIRAC (facts, issue, rule, application and conclusion) method;
- Give a brief discussion on the broad range of limitations on property rights that are designated as deprivations; and
- Explain why expropriation is treated as a special subcategory under section 25 of the Constitution.
- In your response, and briefly explain the structure of the enquiry made by the court in the above case in determining the constitutionality of the infringement of property rights. Motivate your answer in full.
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