The ANC-led Government’s decision in October 2016 to withdraw South Africa from the International Criminal Court (“ICC”) came as a shock to those who regard South Africa as a champion of international criminal justice ...

This article is an analysis of the use of public procurement as a tool to drive innovation. It explores the meaning of innovative procurement or public procurement of innovation, as well as the rationale for using public ...

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 ...

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 ...

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 ...

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 ...

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 ...

ENGLISH ABSTRACT : No English abstract available.

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 ...

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 ...

In Steenkamp NO v Provincial Tender Board, Eastern Cape 2007 3 SA 121 (CC) the Constitutional Court held that an organ of state was not liable in delict for a successful tenderer's out-of-pocket losses following the setting ...

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 ...

This article evaluates the meaningful engagement doctrine in the education rights jurisprudence of the Constitutional Court in the light of a set of normative principles developed by Susan Sturm for evaluating participatory ...

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 ...

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 ...

This contribution explores the standard of reasonableness review applied in both administrative justice and socio-economic rights jurisprudence in South Africa. The first part traces the development of reasonableness as a ...

Modern threats to international peace and security from so called “Hybrid Threats”, multimodal threats such as cyber war, low intensity asymmetric conflict scenarios, global terrorism etc. which involve a diverse and broad ...

Most differences, shortcomings and contradictions regarding voluntary informed consent for participation in clinical research relate to the South African-specific guidance documents, i.e. South African Guidelines for ...

OPSOMMING: Verkrygende verjaring word meestal beskou as ’n gedeelte van die Suid-Afrikaanse reg wat redelik regseker en onproblematies is. Die klaarblyklik onkontroversiële aard van hierdie regsreël is egter onlangs in ...

In this article it is argued that postmodern, Christian-Reformational legal scholarship is possible, in principle, and indeed necessary. Reformational legal scholars are enjoined to account for the implications of the ...

The recent judgment of the Supreme Court of Appeal in Rand Properties provides an opportunity to assess the use of administrative law arguments in advancing the realisation of socio-economic rights. The judgment itself is ...

One of the main characteristics of constitutional transformation in South Africa is what Etienne Mureinik calls the shift towards a culture of justification in which 'every exercise of power is expected to be justified'.1 ...

As is the case in many other countries, public procurement law in South Africa has emerged from the combined application of legal rules from many distinct fields of law to the phenomenon of state contracting. Since no ...

The purpose of this article is to examine corruption within public procurement and the measures that may be used to address it, in particular, the South African response to procurement corruption in the Prevention ...

In South Africa, as in many other jurisdictions, the showing of films in public is legally regulated through a system of classification. This system entails that a film must first be classified by the Film and Publication ...

The doctrine of substantive legitimate expectation is only starting to find its way into South African law at present. The courts have suggested that a careful analysis of the development of the doctrine in English law is ...