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Now showing items 11-20 of 25
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. ...
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 ...
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 ...
"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 ...
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 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 ...
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 ...
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 ...
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 ...