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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 ...
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 ...
Die Nederduitse Gereformeerde Kerk en die Republiek van die Oranje-Vrystaat: Hooflyne van ’n kerk-staatverhouding, 1854-1902
(School for Basic Sciences, Vaal Triangle Campus, North-West University, 2016)
A close relationship existed between the Dutch Reformed Church in the Orange Free State and the Republic of the Orange Free State during the existence of the latter in 1854-1902. This was due to a shared world view and the ...
Theoretical (dis-) position and strategic leitmotivs in constitutional interpretation in South Africa
(2015)
This essay takes a look at the historic restoration that bequeathed this country and its people a prototypical, justiciable Constitution. The advent of constitutional democracy in South Africa went hand in hand with an ...
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 ...
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 ...
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 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 ...
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 ...
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 ...