Department of Public Law
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A tribute to professor Andre van der Walt
(Juta Law, 2018)As I write this, it has been shortly over a year since André van der Walt passed away at the age of 60 on 5 November 2016 after a two-year struggle with cancer. -
Intellectual property rights flowing from universities : an analysis of the impact of the current South African legal framework on international research collaboration
(Juta Law, 2018)Researchers employed by South African universities often collaborate with other international research institutions.1 Subject to the granting of sufficient funding, they do exciting and potentially ground-breaking research ... -
Land law and governance : African perspectives on land tenure and title
(Juta Law, 2018)The publication is a product that was initiated by the International Alliance for Land Tenure and Administration, following the Conference of the Commission on Legal Pluralism that was held in conjunction with the erstwhile ... -
The third wave of preferential procurement regulations in South Africa
(Juta Law, 2018)The use of public procurement to promote wealth redistribution in South Africa as part of the overall constitutional objective of addressing the continuing disadvantage created by unfair discrimination in the past is a ... -
The impact of the best interests and the respect for the views of the child principles in child custody cases
(Brill Academic Publishers, 2019)The best interests of the child and the respect for the views of the child are pillars designed and recognised in international children’s law as principles on which children’s rights in general evolve. Both principles ... -
A critical consideration of the exclusion of corporate criminal liability for the atrocity crimes under the Rome Statute of the International Criminal Court
(Stellenbosch : Stellenbosch University, 2019-12)ENGLISH ABSTRACT: From the international criminal law perspective, unlike the national law perspective, the principle of corporate criminal responsibility is not defined neither does the Rome Statute of the International ... -
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The protection of African transgender women's rights to dignity, life and health through a teleological reading of the Maputo Protocol
(Stellenbosch : Stellenbosch University, 2019-12)ENGLISH ABSTRACT: International human rights law asserts that all individuals are born free and equal in dignity and rights. The principle of universality, read together with the rights to equality and non-discrimination, ... -
Beyond sexual binaries? the German Federal Constitutional Court and the rights of intersex people
(North-West University, Faculty of Law, 2018)In a recent judgment, the German Federal Constitutional Court held that it was unconstitutional to require every person's sex to be entered on the birth register, without providing for a third option for intersex persons. ... -
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 ...
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