PER: 2010 Volume 13 No 1
7 Mei 2010
- Legal Perspectives on the Role of Culture In Sustainable Development / Du Plessis, A & Rautenbach, C
- The Role of Good Environmental Governance in the Sustainable Development of South Africa / Feris, LA
- Rural Development within the Context of Development, Sustainability and Rural Issues – Some Constitutional, Policy and Implementation Perspectives / Olivier, N; Van Zyl, C & Williams, C
- The Binding Effect of the Constitutive Documents of Companies: The 1973 and 2008 Companies Acts of South Africa / Morajane, TCR
- A Brief Overview of the Civil Union Act / Ntlama, N
- Parallel Planning Mechanisms as a "Recipe for Disaster" / Van Wyk, J
In this issue we are pleased to publish four papers delivered at a colloquium on Good Governance and Sustainable Development held on 21 August 2009, including the opening address by Justice Thomas von Danwitz of the European Court of Justice, Luxemburg.
In their paper Anél du Plessis and Christa Rautenbach of the North-West University (Potchefstroom) suggested that, due to the divergence in the understanding of the nature of "culture", the roles of "culture" and "cultural governance" should be distinguished in the context of sustainable development, "good cultural governance" being a more precise notion.
At the colloquium Loretta Feris of the University of Cape Town addressed the questions what, in the South African context, the value choices underlying government's decisions are and what role sustainable development plays in informing decisions for good environmental governance.
Nic Olivier, Carin van Zyl and Clara Williams of the University of Pretoria reviewed some of the historical strengths and future prospects concerning rural development in South Africa at the colloquium against the international and regional background which may be expected to influence the South African government's response to the development needs of the people in the country.
Three further contributions on diverse topics appear here:
Tebogo Morajane of the University of Pretoria sets out to determine who is bound by the provisions of the constitutive documents of companies under the South African companies legislation, what the circumstances are which causes one to being bound by those provisions, and the possible effect thereof on various parties.
Nomthandazo Ntlama of the University of South Africa provides an analysis of the potentially problematic features of the South African Civil Union Act of 2006 in the context of equality within the realm of the constitutional protection afforded to everyone in South Africa. The examination of the quality of the legal protection is done with specific reference to same-sex couples.
Finally Jeannie Van Wyk of the University of South Africa reflects critically on a recent judgment of the South African Supreme Court of Appeal in which the concurrent legislative allocation of decisive authority to provincial and municipal authorities regarding planning and development was found to be invalid.
Editor: Professor Francois Venter / Edition editor: Prof Anél du Plessis
(North-West University (Potchefstroom Campus), Faculty of Law, 2010)This note offers a critical reflection of the recent landmark decision in City of Johannesburg Metropolitan Municipality v Gauteng Development Tribunal which lay to rest the negative consequences of employing the DFA ...
(North-West University (Potchefstroom Campus), Faculty of Law, 2010)The adoption of the Constitution of the Republic of South Africa, 1996 (the Constitution) has provided a sound framework for the elimination of discrimination and prejudice against all members of our society. The Constitution ...
The binding effect of the constitutive documents of companies: The 1973 and 2008 Companies Acts of South Africa (North-West University (Potchefstroom Campus), Faculty of Law, 2010)This contribution examines the provisions of the constitutive documents of companies under two specific provisions, namely s 65(2) of the Companies Act 61 of 1973 and s 15(6) of the Companies Act 71 of 2008. The aim is ...
Rural development within the context of development, sustainability and rural issues – some constitutional, policy and implementation perspectives (North-West University (Potchefstroom Campus), Faculty of Law, 2010)This article provides an overview of some developments, internationally, regionally and in the SADC, in relation to development, that may be expected to influence the South African government’s response to the development ...
(North-West University (Potchefstroom Campus), Faculty of Law, 2010)This note is based on the author’s guest presentation delivered at the Konrad- Adenauer Foundation/North-West University (Faculty of Law) Colloquium on 21 August 2009. Justice von Danwitz was invited to set the scene for ...
(2010)This article seeks to analyse good governance decision-making in the environmental context through an understanding and interpretation of the relationship between good environmental governance (evidenced inter alia ...
(North-West University (Potchefstroom Campus), Faculty of Law, 2010)This article introduces some legal perspectives on the role of culture in sustainable development. The authors agree that sustainable development has been designed as an environmental concept but that room exists for the ...