Department of Public Law
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Submission to Parliament on the review of section 25 of the Constitution of the Republic of South Africa, 1996
(2019)On the 27th of February 2018, the National Assembly adopted a motion to review section 25 and other relevant provisions of the Constitution of the Republic of South Africa, 1996, to permit the state to expropriate land in ... -
Freedom of assembly and democracy in South Africa
(Stellenbosch : Stellenbosch University, 2019-04)ENGLISH ABSTRACT : In apartheid-era South Africa protests were a mechanism through which the dispossessed and marginalised could challenge their exclusion. These characteristically confrontational and violent protests ... -
The potential of meaningful engagement in realising socio-economic rights: Addressing quality concerns
(2019-04)ENGLISH ABSTRACT : The advent of the Constitution of the Republic of South Africa, 1996 (“the Constitution”) was a major milestone for South Africa in terms of redressing the atrocities of apartheid. While this has ... -
Legal certainty and competition law: Can they be reconciled?
(Stellenbosch : Stellenbosch University, 2018-12)ENGLISH ABSTRACT: Legal certainty and the rule of law are important principles in many jurisdictions around the world. An important part of these principles is that laws should be sufficiently clear and predictable, so ... -
Criminal gang activities: A critical and comparative analysis of the statutory framework under South African criminal law
(Stellenbosch : Stellenbosch University, 2018-12)ENGLISH ABSTRACT: Criminal gang activity presents a substantial threat to the lives of, in particular, the Cape Flats community in the Western Cape. This dissertation investigates the legislative response in holding gang ... -
The indirect review of administrative action in South African law
(Stellenbosch : Stellenbosch University, 2018-12)ENGLISH ABSTRACT: Section 33 of the Constitution of the Republic of South Africa, 1996 (“the Constitution”) gives everyone the right to just administrative action. Administrative law gives content to, and protects, this ... -
Refugees’ access to socio-sconomic rights: Favourable treatment for the protection of human dignity
(Stellenbosch : Stellenbosch University, 2018-12)ENGLISH ABSTRACT: The thesis deals with the question whether and to what extent refugees and asylumseekers are entitled to socio-economic rights and benefits. This is a controversial question, which is complicated by the ... -
A case study in advocating for expanded clinical legal education : the University of Stellenbosch module
(Cape Town : Juta and Company (Pty) Ltd, 2017-03)Practical Legal Training 471 (“PLT”) is the only Clinical Legal Education (“CLE”) module currently offered by the Faculty of Law at the University of Stellenbosch (“Faculty”). It has an important function in that it offers ... -
Applying the mandament van spolie in the case of incorporeals : two recent examples from case law
(Juta Law, 2015-01)The mandament van spolie is a remedy available in South African law to protect possession of property. The remedy is aimed at ensuring restoration of possession ante omnia in instances of unlawful dispossession. It is not ... -
A decade and a half of deference (part 2)
(Juta Law, 2016-10)Hoexter and O’Regan J established deference as a prominent topic and principle, respectively. In doing so, both Hoexter and O’Regan J drew on Dyzenhaus’s conception of “deference as respect”. His conception of deference ... -
A decade and a half of deference (part 1)
(Juta Law, 2016-06)In 2000 Hoexter published an article on judicial review that became very influential in South African administrative-law scholarship and jurisprudence. In her article Hoexter raised the notion of deference in judicial ... -
The application of socio-economic rights to private law
(Juta Law, 2008-01)The constitution is explicitly committed to redressing and transforming socio-economic exclusion and marginalisation. This is manifest, amongst other constitutional provisions, in the entrenchment of a comprehensive range ... -
Ambit of mineral rights : paving the way for new order disputes
(Juta Law, 2007-01)The ambit of a real right, such as a mineral right, is determined by ascertaining the content thereof by identifying and listing its entitlements as well as identifying the limitations placed upon the exercise of such ... -
Artikel 3(1) en (2) van die Mineral and Petroleum Resources Development Act 28 van 2002 : n herbeskouing
(Juta Law, 2007-01)Die grondwet verplig die staat om ekologies volhoubare ontwikkeling van natuurlike hulpbronne sowel as ekonomiese en sosiale ontwikkeling te bewerkstellig. 1 Die grondwet bemagtig die staat om hierdie verpligting te ... -
Toward an equality-promoting interpretation of socio-economic rights in South Africa : insights from the egalitarian liberal tradition
(Juta Law, 2015-01)Theorists within the egalitarian liberal tradition have grappled with the question of how to achieve an alignment between the attribution of equal worth and citizenship to each person and the distribution of material ... -
The ambit of the discretion of courts in the case of encroachments : Fedgroup Participation Bond Managers (Pty) Ltd v Trustee of the Capital Property Trust Collective Investment Scheme in Property
(Juta Law, 2015-01)The purpose of this note is to analyse a recent judgment of the South Gauteng High Court in Fedgroup Participation Bond Managers (Pty) Ltd v Trustee of the Capital Property Trust Collective Investment Scheme in Property ... -
The law of general application requirement in expropriation law and the impact of the Expropriation Bill of 2015
(University of Pretoria, 2017)AFRIKAANSE OPSOMMING: In hierdie artikel word die vereiste ‘algemeen geldende regsvoorskrif’ in artikel 25(2) van die Grondwet van die Republiek van Suid-Afrika,1996, ontleed aan die hand van die Onteieningswetsontwerp ... -
Fundamental rights and democratic contestation : reflections on freedom of assembly in an unequal society
(Faculty of Law, University of the Western Cape, 2017)In this article, I argue that the impoverished conception of freedom of assembly displayed in legislation and case law, and its neglect in academic literature, has to do with a set of dominant understandings of democracy. ... -
The rights of foreigners : dignity, citizenship and the right to have rights
(Juta Law, 2013-01)This article examines the rights of foreign nationals in view of Hannah Arendt's thesis that human rights amount to little when severed from the rights of members of a concrete political community. It considers three ... -
Mutual legal assistance in criminal matters and the risk of abuse of process: a human rights perspective
(Juta Law, 2006-01)Mutual legal assistance, as one of the modalities of international co-operation in criminal matters, is generally regarded as primarily a foreign policy matter. In this article it is argued that the mutual legal assistance ...
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