VAN DER WESTHUIZEN J (e) an appropriate order to facilitate justice and equity in the light of the conclusions on the earlier issues. [34] The South African constitutional order recognises the social and historical context of property and related rights.29 The protection against arbitrary deprivation of property in section 25 of the Constitution is balanced by the right of access to adequate housing in section 26(1) and the right not to be evicted arbitrarily from one‘s home in section 26(3).30 This Court noted in FNB: ―The purpose of section 25 has to be seen both as protecting existing private property rights as well as serving the public interest, mainly in the sphere of land reform but not limited thereto, and also as striking a proportionate balance between these two functions.‖31 (Footnote omitted.) [35] Historical context is relevant to one‘s understanding of the constitutional protection against arbitrary deprivation of property and to access to adequate housing.32 Apartheid legislation undermined both the right of access to adequate housing and the right to property. Section 25 prohibits arbitrary deprivation of 29 This is in accordance with the post-World War II trend in Germany and elsewhere. For example, Article 14 of the German Basic Law provides that ―[p]roperty and the right of inheritance shall be guaranteed‖ but also that ―[p]roperty entails obligations‖ and ―[i]ts use should also serve the public interest.‖ See for example the CoDetermination Decision BVerfGE 50, 290 (1979) and the Investment Aid Case BVerfGE 4, 7 (1954). 30 See for example Wilson ―Breaking the tie: evictions from private land, homelessness and a new normality‖ (2009) 126(2) SALJ 270. 31 First National Bank of SA Ltd t/a Wesbank v Commissioner, South African Revenue Service and Another; First National Bank of SA Ltd t/a Wesbank v Minister of Finance [2002] ZACC 5; 2002 (4) SA 768 (CC); 2002 (7) BCLR 702 (CC) (FNB) at para 50, relying on Van der Walt The Constitutional Property Clause (Juta & Co Ltd, Kenwyn 1997) at 15-6. 32 For a more detailed summary of the historical context that preceded section 26 of the Constitution and PIE see PE Municipality above n 12 at paras 8-10. 17