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Now showing items 11-20 of 23
The independence of South African judges: a constitutional and legislative perspective
(2015)
Judicial independence is fundamental to democracy. It is in that context that this paper considers whether the existing constitutional and legislative mechanisms provide sufficient judicial independence to South African ...
Section 139 interventions in South African local government, 1994-2015
(School for Basic Sciences, Vaal Triangle Campus, North-West University, 2016)
Recent trends point to the fact that national and provincial government
interventions in the local sphere of government in South Africa have become
more commonplace. These trends can be seen, within the broader context ...
Constitutionalism and coloniality: A case of colonialism continued or the best of both worlds?
(School for Basic Sciences, Vaal Triangle Campus, North-West University, 2016)
This article deals with the concept of constitutionalism in relation to
colonialism and modernity, with a specific emphasis upon South Africa and
South African constitutional development. The Republic of South ...
The regulation of acid mine drainage in South Africa: law and governance perspectives
(2014)
Acid mine drainage (AMD) is arguably one of the most serious environmental concerns in South Africa. AMD is a legacy left behind by abandoned, derelict and defunct mines, and is a continuing by-product of existing mining ...
"Public purpose or public interest" and third party transfers
(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 ...
Constitutionalising the right legal representation at CCMA Arbitration Proceedings: law society of the Northern Provinces v Minister of Labour 2013 1 SA 468 (GNP)
(2013)
Recently, the issue of legal representation at internal disciplinary hearings and CCMA arbitrations has been a fervent topic of labour law discourse in South Africa. While the courts have consistently accepted the common ...
Constitutional basis for the enforcement of ''executive'' policies that give effect to socio-economic rights in South Africa
(2013)
Although "executive" policies remain an important governance tool, there appears to be confusion on the status and possible basis for their judicial enforcement in South Africa. The aim of this article is to critically ...
Arbitrary deprivation of an unregistered credit provider's right to claim restitution of performance rendered Opperman v Boonzaaier (24887/2010) 2012 ZAWCHC 27 (17 April 2012) and National Credit Regulator v Opperman 2013 2 SA 1 (CC)
(2013)
The Constitutional Court in National Credit Regulator v Opperman confirmed the Cape High Court's decision in Opperman v Boonzaaier to declare section 89(5)(c) of the National Credit Act unconstitutional. Therefore, the ...
"Pay now, argue later" rule – before and after the tax administration act
(2013)
The South African Revenue Service (SARS) is entrusted with the duty of collecting tax on behalf of the South African government. In order to ensure effective and prompt collection of taxes, the payment of tax is not suspended ...
Public procurement as a tool to drive innovation in South Africa
(2016)
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 ...