“The minority judgment disregards this nuanced position in our existing law.  And it disregards the plain legislative history that precedes the provisions now sought to be invalidated.  Its effect is to require Parliament to re-invent, in new legislation, procedural and substantive safeguards that already exist in our law.

It proceeds from an outdated, over-rigid and absolute notion of ownership.  That conception is alien to the holding of property under the common law, the Constitution and other applicable law.  A more supple conception of ownership rights – one this Court has repeatedly embraced – shows a clear and inviting path to upholding the statute’s validity.[footnote omitted]  That will enable an important piece of legislation to do the work that Parliament, in the exercise of its rightful powers, designed for it”.

Cameron and Froneman JJ in City of Tshwane Metropolitan Municipality v Link Africa (Pty) Ltd and Others (CCT184/14) [2015] ZACC 29 (23 September 2015) at paras 105 and 106.