Department of Public Law

Recent Submissions

  • A hundred years of demolition orders : a constitutional analysis 

    Strydom, Janke (Stellenbosch : Stellenbosch University, 2012-03-07)
    ENGLISH ABSTRACT: Ownership, and especially the ownership of land, consists of rights as well as duties. The social responsibilities of the owner depend on the prevailing needs of the public (as expressed in legislation) ...

  • The impact of Section 26 of the Constitution on the eviction of squatters in South African law 

    Muller, Gustav (Stellenbosch : Stellenbosch University, 2011-12)
    ENGLISH ABSTRACT: This dissertation considers the housing rights of unlawful occupiers in the post-1994 constitutional dispensation. Section 26 of the Constitution of the Republic of South Africa, 1996 affords everyone ...

  • The Constitutional Property Clause and Immaterial Property Interests 

    Kellerman, Mikhalien (Stellenbosch : University of Stellenbosch, 2011-03)
    ENGLISH ABSTRACT: The question that this dissertation addresses is which immaterial property interests may be recognised and protected under the constitutional property clause and if so, under which circumstances. The ...

  • The history, development and future of public nuisance in light of the Constitution 

    Samuels, Alton Ulrich (Stellenbosch : University of Stellenbosch, 2010-12)
    ENGLISH ABSTRACT:The objective of this thesis is to establish whether the notion of public nuisance has a legitimate purpose in post-apartheid South African. Public nuisance originated in English law in the 12th century ...

  • Tenure security in urban rental housing 

    Maass, Sue-Mari (Stellenbosch : University of Stellenbosch, 2010-12)
    ABSTRACT ENGLISH: The dissertation considers the tenure rights of urban residential tenants in the post-1994 constitutional dispensation. The 1996 Constitution mandates tenure reform in two instances. Firstly, section 25(6) ...

  • Constitutionality of the rules governing sectional title schemes 

    van der Merwe, Zerlinda (Stellenbosch : University of Stellenbosch, 2010-12)
    ENGLISH ABSTRACT: Various types of rules govern many areas of life in a sectional title scheme. The Sectional Titles Act 95 of 1986 prescribes model management and conduct rules in its regulations. Other non-prescribed ...

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