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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 ...
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 ...
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 ...
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 ...
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 ...
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 ...
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 ...
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 ...