Department of Public Law
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Recent Submissions
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South Africa's (possible) withdrawal from the ICC and the future of the criminalization and prosecution of crimes against humanity, war crimes and genocide under domestic law : a submission informed by historical, normative and policy considerations
(Washington University School of Law, 2017)The ANC-led Government’s decision in October 2016 to withdraw South Africa from the International Criminal Court (“ICC”) came as a shock to those who regard South Africa as a champion of international criminal justice ...
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The legal regulation of construction procurement as a relational construct in South Africa
(Stellenbosch : Stellenbosch University, 2018-03)ENGLISH ABSTRACT : Public procurement is generally considered to be the acquisition of goods or services by the government. It contributes a large deal to the country’s economy and involves the expenditure of public ...
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Public interest standing in Bill of Rights litigation under the South African Constitution: Lessons from India
(Stellenbosch : Stellenbosch University, 2018-03)ENGLISH ABSTRACT : Section 38(d) of the Constitution of the Republic of South Africa, 1996, states that anyone acting in the public interest may approach a court for relief arising from the infringement or threatened ...
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A comparative study of the effectiveness of bidder remedies in South Africa and Nigeria
(Stellenbosch : Stellenbosch University, 2018-03)ENGLISH ABSTRACT : The Guide to Enactment identified that a bidder remedies system helps to make procurement law to “an important degree self-policing and self-enforcing”. This is because it provides an avenue to litigate ...
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Die toelaatbaarheid van ongrondwetlik-verkree getuienis
(Stellenbosch : Stellenbosch University, 1999-12)ENGLISH ABSTRACT: Section 35(5) of the Constitution of the Republic of South Africa Act 108of1996 provides that evidence obtained in a manner that violates any right in the Bill of Rights must be excluded if the admission ...
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The means and the ends of justice the interaction between socio-economic rights and administrative justice in a South African democratic developmental state
(Stellenbosch : Stellenbosch University, 2017-12)ENGLISH ABSTRACT : The central focus of this thesis is to examine the substantive interaction between socio-economic rights and the right to administrative justice in addressing poverty under South African law. The hypothesis ...
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A teleological approach to the interpretation of socio-economic rights in the African Charter on Human and Peoples’ Rights
(Stellenbosch : Stellenbosch University, 2017-12)
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An evaluation of the National Health Insurance scheme in the light of South Africa’s constitutional and international law obligations imposed by the right to health
(Stellenbosch : Stellenbosch University, 2017-12)ENGLISH ABSTRACT : This study ultimately concerns the right to health care under constitutional law and international law and the National Health Insurance scheme proposed for South Africa. The study begins by contextualising ...
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The potential of structural interdicts to constitute effective relief in socio-economic rights cases
(Stellenbosch : Stellenbosch University, 2017-12)ENGLISH ABSTRACT : The realisation of socio-economic rights for the poorest and most vulnerable members of society is of critical importance if South Africa’s project of transformative constitutionalism is to succeed. It ...
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Public procurement as a tool to drive innovation in South Africa
(North-West University, Faculty of Law, 2016)This article is an analysis of the use of public procurement as a tool to drive innovation. It explores the meaning of innovative procurement or public procurement of innovation, as well as the rationale for using public ...
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At the intersection between expropriation law and administrative law : two critical views on the Constitutional Court's Arun judgment
(Faculty of Law, North-West University, 2016-08)Abstract of article; "In Arun the Constitutional Court held that section 28 of the Land Use Planning Ordinance (LUPO) vests all land indicated as public roads on a development plan in the local authority upon approval of ...
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Die basiese-struktuur-leerstuk : 'n basis vir die toepassing in Suid-Afrika, of 'n skending van die skeiding van magte?
(LitNet, 2015-08)Die basiese-struktuur-leerstuk is in 1973 deur die hoogste hof van Indië ontwikkel in ’n poging om die misbruik van grondwetwysigings deur die dominante regerende party te voorkom. Die leerstuk bepaal dat, ten spyte daarvan ...
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Rights and democracy in a Transformative Constitution
(AFRICAN SUN MeDIA, 2003)The twelve essays in this book pay tribute to senior Harvard law professor Frank Michelman whose thinking - and input - on Constitutional Law has made a great contribution to constitutional development in South Africa.
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A right to the city for South Africa’s urban poor
(Stellenbosch : Stellenbosch University, 2017-03)ENGLISH ABSTRACT : In South Africa, spatial injustice holds profound implications for the democratic transformation of society, the planning and development of inclusive towns and cities, and the realisation of the ...
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The scope of liability for product defects under the South African Consumer Protection Act 68 of 2008 and common law - A comparative analysis
(Stellenbosch : Stellenbosch University, 2017-03)ENGLISH ABSTRACT : The South African Consumer Protection Act 68 of 2008 (‘CPA’) has introduced strict liability for harm caused by defective consumer goods. This represented a radical reform of South African product ...
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A critical analysis of the approach of the courts in the application of eviction remedies in the pre-constitutional and constitutional context
(Stellenbosch : Stellenbosch University, 2016-12)ENGLISH ABSTRACT : In the pre-constitutional era courts had a very specific approach to eviction remedies. This approach was the result of legal doctrine that regulated the concept of ownership, eviction remedies and ...
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Constitutional property law in Central Eastern European jurisdictions: A comparative analysis.
(Stellenbosch : Stellenbosch University, 2016-12)ENGLISH ABSTRACT : This dissertation investigates three areas of constitutional property law doctrine, namely the concept of property for constitutional purposes, the distinction between deprivation and expropriation and ...
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Crime as punishment: A legal perspective on vigilantism in South Africa
(Stellenbosch University, 2016-12)ENGLISH ABSTRACT : This study aims to remedy a gap in legal literature by addressing the phenomenon of vigilantism from a legal perspective, and seeking to conceptualise and understand the problem. To this end, it first ...
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Effective relief regarding residential property following a failure to execute an eviction order
(Stellenbosch : Stellenbosch University, 2016-12)ENGLISH ABSTRACT : The eviction process relating to immovable property utilised for residential purposes can broadly be subdivided into three phases: the procedural; adjudicatory and execution phases, respectively. The ...
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The implications of a relational feminist interpretation of socio-economic rights for cohabiting partners
(Stellenbosch : Stellenbosch University, 2016-12)ENGLISH ABSTRACT : Within South Africa, it is disproportionately women and children who bear the socio-economic burdens of divorce and family dissolution. While all family relationships need to be effectively regulated so ...
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The constitutionality of religious observances in South African public schools
(Stellenbosch : Stellenbosch University, 2016-12)ENGLISH ABSTRACT : The right to freedom of religion is one of the oldest of the internationally recognised freedoms and is entrenched in section 15(1) of the Constitution of the Republic of South Africa, 1996 (“Constitution”). ...
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Public purpose or public interest and third party transfers
(North-West University, Faculty of Law, 2014)In this article the difference between public purpose and public interest in section 25(2) of the 1996 Constitution is considered. It is generally accepted that public purpose is a narrower category than public interest ...
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The role of quality in the adjudication of public tenders
(North-West University, Faculty of Law, 2014)The quality of the goods or services that government procures is obviously a very important consideration in deciding which supplier should be awarded a particular public tender. It follows that in the regulation of public ...
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The mechanics of intervention and the green paper on land reform
(North-West University, Faculty of Law, 2014)The South African land control system has always, to some extent, been interfered with by government. Interventions in the course of the twentieth century in particular have resulted in an unequal, fragmented and diverse ...
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Dignity in Death : a critical analysis of whether the right to human dignity serves as appropriate justification for the legalisation of assisted death
(Stellenbosch : University of Stellenbosch, 2014-03)ENGLISH ABSTRACT : No English abstract available.
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Transformative legal education
(Juta Law, 2012)This article argues that significantly increased attention to theory (or theories) of legal education is not only imperative in order to improve the quality of legal education in South Africa, but is a crucial ingredient ...
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The contours of a pedagogy of law in South Africa
(Juta Law, 2015)Reform of legal education is currently a topic of debate in South Africa again. Reform in higher education can, however, be dangerous and counter-productive if it is driven purely by policy agendas and in the absence of ...
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Worse than losing a government tender : winning it
(Juta Law, 2008)In Steenkamp NO v Provincial Tender Board, Eastern Cape 2007 3 SA 121 (CC) the Constitutional Court held that an organ of state was not liable in delict for a successful tenderer's out-of-pocket losses following the setting ...
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The potential of capstone learning experiences in addressing perceived shortcomings in LLB training in South Africa
(North-West University, Faculty of Law, 2014)Current debates about legal education in South Africa have revealed the perception that the LLB curriculum does not adequately integrate various outcomes, in particular outcomes relating to the development of skills in ...
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Remedial principles and meaningful engagement in education rights disputes
(Academy of Science of South Africa, 2016-04)This article evaluates the meaningful engagement doctrine in the education rights jurisprudence of the Constitutional Court in the light of a set of normative principles developed by Susan Sturm for evaluating participatory ...
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