Research Articles (Public Law)
Recent Submissions
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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 ... -
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 ... -
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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 ... -
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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