This chapter focuses on the experience of two vulnerable women and explores whether the transformative thrust, ultimately embodied in the property clause, has become a lived reality or whether it has remained a theoretical concept only. Relevant here is the Extension of Security of Tenure Act with respect to Mrs Malan and Mrs Phillips, and the role and function of land ownership compared to the rights of these two vulnerable persons. Whereas Mrs Phillips was initially successful with her informal occupational right and opposed an eviction application effectively, the Constitutional Court finally found in favour of the landowner. The eviction application was set aside by the Land Claims Court with respect to Mrs Malan, but was reinstated on appeal. Ultimately, case law analysis indicates that the binary, hierarchical approach to land ownership and ‘lesser rights’ continues to dominate property paradigms. The transformative thrust of the property clause has remained elusive, despite measures promulgated specifically to protect vulnerable occupiers. The chapter provides some suggestions as to how changes within the land reform context and the re-conceptualisation of property law may be approached. Ultimately, a transformed property system – in light of South Africa’s colonial and apartheid history – is also in the public interest.

This chapter discusses the rights of vulnerable groups (such as women, children, persons with a disability and elderly persons) and group rights as protected by the European Convention on Human Rights, other Council of Europe instruments, in EU law and in international instruments. For the various rights, a short comparison between the different instruments is made.