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The role of human dignity in the assessment of fair compensation for unfair dismissals
(2012)
South African labour law is concerned with the attainment of fairness for both the
employer and the employee. In weighing up the interests of the respective parties it
is of paramount importance to ensure that a delicate ...
No longer in suspense: clarifying the human rights jurisdiction of the SADC tribunal
(2015)
The Southern African Development Community Tribunal's (SADC Tribunal) decision in the matter of Mike Campbell (Pvt) Ltd v Republic of Zimbabwe 2008 SADCT 2 (28 November 2008) demonstrated its ability to utilise the principles ...
Sink or swim? Debt review's ambivalent "lifeline" — a second sequel to "… a tale of two judgments" Nedbank v Andrews (240/2011) 2011 ZAECPEHC 29 (10 May 2011); Firstrand Bank Ltd v Evans 2011 4 SA 597 (KZD) and Firstrand Bank Ltd v Janse van Rensburg 2012 2 All SA 186 (ECP)
(2012)
The interface between the National Credit Act 34 of 2005 and the Insolvency Act 24
of 1936 has been the object of our courts' attention in a number of recent cases
including Ex parte Ford and Two Similar Cases 2009 3 SA ...
A critique of the key legislative framework guiding civil liberties in Zimbabwe
(2012)
The dynamic and controversial nature of Zimbabwean politics has manifested itself
through several undemocratic practices, including restrictive legislation which sought
to diminish participatory spaces and/or curtail ...
The Bengwenyama Trilogy: constitutional rights and the fight for prospecting on community land
(2012)
Although developments subsequent to the judgment have undermined the value of
the decision for the community involved, the Constitutional Court's judgment in the
Bengwenyama matter provides a welcome precedent on the ...
Demographic and social factors influencing public opinion on prostitution: an exploratory study in Kwazulu-Natal province, South Africa
(2012)
This paper examines countervailing South African public opinion on the subject of
prostitution in South Africa, and identifies the factors which might influence these
attitudes. It also investigates the complex relationship ...
Good governance in the hands of the judiciary: lessons from the European example
(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 ...
When certainty and legality collide: The efficacy of interdictory relief for the cessation of building works pending review proceedings
(North-West University (Potchefstroom Campus), Faculty of Law, 2010)
Effective legal redress against unlawful building works or construction activities can
be an elusive target. Given the desirability of legal certainty attached to
administrative decisions in terms of which building plans ...
The historical context of Land Reform in South Africa and early policies
(2014)
The need for the current land reform programme arose from the racially discriminatory laws and practices which were in place for the largest part of the twentieth century, especially those related to land ownership. The ...
Land as a "national asset" under the constitution: the system change envisaged by the 2011 Green Paper on land policy and what this means for property law under the constitution
(2014)
This paper takes a close look at some of the main tenets set out in the Department of Rural Development and Land Reform's Green Paper on Land Reform of 2011, specifically those that have a bearing on the creation of a new ...