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The Concept of a "Decision" as the Threshold Requirement for Judicial Review in Terms of the Promotion of Administrative Justice Act
(2011)
The Promotion of Administrative Justice Act 3 of 2000 defines administrative action
as “any decision [of a specified kind]" taken by specified persons or entities. The Act
goes on to define decision as “any decision of an ...
Municipal tender awards and internal appeals by unsuccessful bidders
(North-West University (Potchefstroom Campus), Faculty of Law, 2010)
In recent years, bidders aggrieved by municipal tender awards are increasingly
resorting to Section 62 of the Local Government: Municipal Systems Act1 for relief.
The application of this provision to tender processes is ...
Public interest environmental litigation: recent cases raise possible obstacles
(North-West University (Potchefstroom Campus), Faculty of Law, 2010)
Despite the broadening of locus standi in environmental cases by both Section 38 of
the Constitution of the Republic of South Africa, 1996, and Section 32 of the National
Environmental Management Act 107 of 1998, two ...
Rent control: a comparative analysis
(2012)
Recent case law shows that vulnerable, previously disadvantaged private sector
tenants are currently facing eviction orders – and consequential homelessness – on
the basis that their leases have expired. In terms of the ...
The impact of HIV/AIDS regarding informal social security: Issues and perspectives from a South African context
(North-West University (Potchefstroom Campus), Faculty of Law, 2010)
The purpose of the article is to examine the right to social assistance for households
living with HIV/AIDS in South Africa. In particular, the article focuses on the impact of
this pandemic on households' access to ...
A selection of constitutional perspectives on human kidney sales
(2013)
There are thousands of desperate people globally who need a kidney for
transplantation. The number of people who require a kidney transplant continues to
escalate faster than the number of kidneys available for a transplant. ...
The application of section 8(3) of the constitution in the development of customary law values in South Africa's new constitutional dispensation
(2012)
The constitutional recognition of customary law alongside common law in the
Constitution of the Republic of South Africa, 1996 is highly commendable. It also raises
the question of whether or not the recognition was ...
The constitutional influence on organ transplants with specific reference to organ procurement
(2014)
This article assesses the influence of the Constitution of the Republic of South Africa, 1996 on the law pertaining to organ transplants with specific reference to methods of organ procurement. These methods include a ...
The legislative authority of the local sphere of government to conserve and protect the environment : a critical analysis of Le Sueur v eThekwini Municipality [2013] ZAKZPHC 6 (30 January 2013)
(2014)
Legislative authority in South Africa is divided among the national, provincial and local spheres of government. Section 43 of the Constitution provides in this respect that the legislative authority of the national sphere ...
Mandela and the last Afrikaner leaders: A shift in power relations
(School for Basic Sciences, Vaal Triangle Campus, North-West University, 2015)
The stability of the apartheid system and the Afrikaners’ monopoly of power
have been the subject of exhaustive scholarly analyses; by contrast, there have
been few in-depth analyses of the unexpected transfer of power ...