Browsing Research Articles (Public Law) by Title
Now showing items 1-20 of 79
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Addressing the issue in Harvey v Umhlatuze Municipality in legislation
(Juta Law Publishing, 2014-01)In Harvey v Umhlatuze Municipality 2011 1 SA 601 (KZP) ("Harvey") the High Court had to decide whether it was competent to order the re-transfer of expropriated property to the previous owner when the purpose for which the ... -
An administrative law perspective on “bad building” evictions in the Johannesburg inner city
(ESR Review (Economic and Social Rights in South Africa)University of the Western Cape, Community Law Centre, 2007-05)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 ... -
Aggression as "organised hypocricy?" - How the war on terrorism and hybrid threats challenge the Nuremberg legacy
(University of Windsor, 2012)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 ... -
Albie Sachs and the politics of interpretation
(UNISA Press, 2010-01)The politics of interpretation continues to haunt judges and legal theorists. Ever since the legal realists launched their attack on the formalist belief that general legal rules can generate determinate answers to concrete ... -
Alternative measures to reduce trial cases, private autonomy and "public interest" : some observations with specific reference to plea bargaining and economic crimes
(Juta Law Publishing, 2014-01)This note considers alternative measures to reduce trial cases as a strategy to enhance the effectiveness of the criminal justice system. The emphasis falls on economic crime. It is noted that alternative measures, ... -
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 ... -
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 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 ... -
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 ... -
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 ... -
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 ... -
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 ... -
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. ... -
Beyond UNCITRAL : the challenges of procurement reform implementation in Africa
(Juta Law Publishing, 2014-01)Most of the countries in sub-Saharan Africa have undergone some form of public procurement reform in the last two decades. This reform usually takes the form of the passage of new procurement regulation, which is usually ... -
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 ... -
The Commission as a party before the court – reflections on the complementarity arrangement
(North-West University, 2016-05-30)The African Commission on Human and Peoples' Rights has worked as the continent's watchdog, under the ACHPR, for almost 30 years. Much has changed since the time of its inception. More institutions, set to ensure the ... -
Compensation for what? An analysis of the outcome in Arun Property Development (PTY) LTD v Cape Town City
(Academy of Science of South Africa, 2016)In Arun Property Development (Pty) Ltd v Cape Town City the Constitutional Court awarded compensation for land that vested in the City of Cape Town in terms of a regulatory framework. The regulatory framework, sections 25 ... -
Conceptualising "meaningful engagement" as a deliberative democratic partnership
(Juta Law Publishing, 2011-09)Nearly four years ago the Constitutional Court created the concept of "meaningful engagement" in Occupiers of Olivia Road, Berea Township, and 197 Main Street, Johannesburg v City of Johannesburg 2008 3 SA 208 (CC). The ... -
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 ... -
The contours of a pedagogy of law in South Africa
(Juta Law Publishing, 2015-03)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 ...
