Department of Public Law
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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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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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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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The Human Right to Development in Nigeria
(Stellenbosch : Stellenbosch University, 2016-03)ENGLISH ABSTRACT : Africa is desperately in need of development. Several efforts have been employed to deal with underdevelopment issues with little or no successes. At all levels, efforts are being put in place to deal ...
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Sixty years of silence : Gender discrimination under International Refugee Law
(Stellenbosch : Stellenbosch University, 2016-03)ENGLISH ABSTRACT : Gender-related violence is a global pandemic affecting millions of women worldwide. Yet, in many instances, states continue to tolerate and indirectly condone the various forms that it takes. In cases ...
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A critical comparative analysis of anti-bribery legislation in the BRICS countries
(Stellenbosch : Stellenbosch University, 2016-03)ENGLISH ABSTRACT : Recent years have proven to be quite progressive in terms of the development of anti-corruption legislation, especially with the promulgation of the United Kingdom Bribery Act, and the increased ...
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Underestimating the probability of coincidence
(Obiter: Published by Nelson Mandela Metropolitan University (NMMU), Faculty of Law, 2014)Coincidences are more common than most people might expect. It is quite possible that different pieces of evidence that seem to point in the same direction do so coincidentally. We come to the best possible conclusion about ...
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Handling uncertainty in a court of law
(Stellenbosch Law Review : Juta Law, 2012)The ability to analyse uncertainty does not reside within most people's experience. Certain fallacies frequently appear. An important example is the so-called prosecutor's fallacy. It is a specific error of logic commonly ...
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A capabilities approach to the judicial review of resource allocation decisions impacting on socio-economic rights
(Stellenbosch : Stellenbosch University, 2015-12)AFRIKAANSE OPSOMMING : Die verwesenliking van sosio-ekonomiese regte, dikwels deur middel van administratiefreg, is ʼn voorvereiste van kritieke belang vir die transformasie van die Suid Afrikaanse samelewing. Hulpbronne ...
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A constitutional analysis of access rights that limit landowners' right to exclude
(Stellenbosch : Stellenbosch University, 2015-12)ENGLISH ABSTRACT : The right to exclude is portrayed either in a strong-absolute sense or a qualified sense. According to the South African doctrinal notion of ownership, ownership and the right to exclude are exercised ...
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The Application of the Joint Criminal Enterprise Doctrine in International Criminal Law for the Prosecution of Sexual Offences
(Stellenbosch : Stellenbosch University, 2015-12)ENGLISH ABSTRACT : The aim of my thesis is to test Haffajee‟s propositions in order to determine the most suitable construction of the Joint Criminal Enterprise (“JCE”) doctrine to establish a link between an accused and ...
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The salva rei substantia requirement in personal servitudes
(Stellenbosch : Stellenbosch University, 2015-12)ENGLISH ABSTRACT : The research question addressed in this dissertation is whether sufficient reasons exist for embracing a flexible approach to the salva rei substantia requirement in usufruct law. In South African law ...
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Reconsidering the relationship between property and regulation: a systemic constitutional approach
(Stellenbosch : Stellenbosch University, 2015-12)ENGLISH ABSTRACT :This dissertation considers whether the approach to the regulation of property in the constitutional context is compatible with either one of the major theoretical approaches in private law, namely that ...
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Ancillary rights in servitude law
(Stellenbosch : Stellenbosch University, 2015-12)ENGLISH ABSTRACT :Servitudes are regulated in South African law by the principles of the common law. One set of principles regulate servitudes ex ante – limiting and controlling the establishment of servitudes. Another set ...
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A critical assessment of the exercise of universal jurisdiction by South African courts
(Stellenbosch : Stellenbosch University, 2015-03)ENGLISH ABSTRACT : Universal jurisdiction is a relatively new concept in South Africa and a rather controversial concept in international criminal law. It is often discussed but rarely applied. Universal jurisdiction refers ...
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Compensation for excessive but otherwise lawful regulatory state action
(Stellenbosch : Stellenbosch University, 2015-03)ENGLISH ABSTRACT : Section 25 of the South African Constitution authorises and sets the limits for two forms of legitimate regulatory interference with property, namely deprivation and expropriation. The focus of this ...
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