Title to territory: its constitutional implications for contemporary South Africa and Zimbabwe

Abstract

The present essay is about sovereign title to territoiy and its constitutional implications for contemporary South Africa and Zimbabwe. It is a philosophical analysis of the histoiy, politics and the constitutionality of the law underlying the democratic dispensation in the two countries. It does not purport to be a juridical analysis in the first place. Instead, it will focus upon the area of tension resulting from the inclusion of some "natural facts" and the exclusion of others from the universe of juristic facts.