PER: 2010 Volume 13 No 1http://hdl.handle.net/10394/40342024-03-19T09:49:36Z2024-03-19T09:49:36ZParallel planning mechanisms as a "Recipe for disaster"Van Wyk, Jhttp://hdl.handle.net/10394/40462019-06-24T09:16:42Z2010-01-01T00:00:00ZParallel planning mechanisms as a "Recipe for disaster"
Van Wyk, J
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 procedures
of the Development Facilitation Act 67 of 1995 (DFA) alongside those of the
provincial Ordinances to establish townships (or to use DFA parlance, “land
development areas”). The welcome and timely decision in City of Johannesburg
Metropolitan Municipality v Gauteng Development Tribunal has declared invalid
chapters V and VI of the DFA. Moreover, it has formalised planning terminology
in South Africa, delineated the boundaries of “municipal planning” and “urban
planning and development” as listed in Schedules 4 and 5 of the Constitution of
the Republic of South Africa, 1996 and, in the process, clarified the structure of
planning law. This note examines the decision of the SCA and focus on the role
it will clearly have in reforming some of the law relating to planning. It considers
the facts of the case, uncertainties around terminology, the structure of
planning in South Africa, the content of municipal planning, the role of the DFA
and the consequences of the declaration of invalidity by the SCA.
Notes
2010-01-01T00:00:00ZA brief overview of the Civil Union ActNtlama, Nomthandazohttp://hdl.handle.net/10394/40452019-06-24T09:16:33Z2010-01-01T00:00:00ZA brief overview of the Civil Union Act
Ntlama, Nomthandazo
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 provides for equal recognition of the right to freedom of religion
and sexual orientation within the framework of the right to equality. This note
aims to provide a brief overview and analysis of the general and potentially
problematic features of the Civil Union Act 17 of 2006 (the Act) in the context of
equality, generally and within realm of the constitutional protection afforded to
everyone in South Africa. This contribution is limited to an examination of the
quality of the legal protection accorded to same-sex couples as envisaged in
the Act, and not to an analysis of the nature of the institution of marriage itself
or the theological and social dimensions of same-sex marriages.
Notes
2010-01-01T00:00:00ZThe binding effect of the constitutive documents of companies: The 1973 and 2008 Companies Acts of South AfricaMorajane, Tebogo C Rhttp://hdl.handle.net/10394/40442019-06-24T09:13:21Z2010-01-01T00:00:00ZThe binding effect of the constitutive documents of companies: The 1973 and 2008 Companies Acts of South Africa
Morajane, Tebogo C R
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 to
determine who is bound by these provisions, the circumstances which give rise
to being bound by them, and the possible effect thereof on various parties.
The provisions of the constitutive documents under section 65(2) of the 1973
Companies Act are interpreted by courts and academic writers to amount to a
statutory contract between a company and its members and between members
inter se. The members are said to be bound by the provisions of these
documents only in their capacity as members. It is submitted, however, that the
rights and obligations are granted to members in their capacity as such if they
are membership rights which are granted by virtue on one’s membership.
So far the courts have failed to provide a logical explanation of the concept
“capacity of a member as such”. This failure and the “qua membership test”
resulted in limitations in the interpretation of section 65(2): for example, the
exclusion of persons who are regarded as outsiders. The directors, despite the
fact that numerous provisions of the applicable article provides for their rights,
have rights that are unenforceable via the articles, for being regarded as
outsiders. The company on the other hand can enforce the obligations against the directors on the basis of breach of their fiduciary duties. These limitations
called for a redraft of section 65(2).
This contribution raises the legal challenges raised by the above. It arrives inter
alia at the conclusion that the “qua membership test” may find application under
the 2008 Companies Act, since members/shareholders may be allowed to
exercise rights that are membership rights granted to them by virtue of their
membership, and directors may be allowed to exercise rights that are granted
to them in their official capacities as such.
Notes; This contribution is partially based on the author‟s unpublished LLM dissertation,
submitted under the author‟s maiden surname Papo TC, titled The Binding Effect of the
Memorandum and Articles of Association (University of Pretoria, 2000). The contribution
was also presented as a paper at the South African Law Teachers‟ Conference hosted
by the University of Kwa-Zulu Natal from the 13-16 July 2009. It won the first presenters‟
award.
2010-01-01T00:00:00ZRural development within the context of development, sustainability and rural issues – some constitutional, policy and implementation perspectivesOlivier, N J JVan Zyl, CWilliams, Chttp://hdl.handle.net/10394/40432019-06-24T09:30:53Z2010-01-01T00:00:00ZRural development within the context of development, sustainability and rural issues – some constitutional, policy and implementation perspectives
Olivier, N J J; Van Zyl, C; Williams, C
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 needs
of the people in the country. An overview is provided of the somewhat
haphazard way in which the Constitution of the Republic of South Africa, 1996
refers to the need for and objective of development (including rural
development) in the country. Through their explanatory outline of three distinct
phases in South African rural development law and policy: 1994–2000 (the
Reconstruction and Development Programme and related documents and their
implementation); 2000–April 2009 (the Integrated Sustainable Rural
Development Strategy and its implementation) and April 2009+ (the
Comprehensive Rural Development Programme and related documents), the
authors review some of the historical strengths and future prospects related to
rural development in South Africa. Based on an assessment of historical
trends, a number of recommendations are made for government’s way forward in the implementation of the constitutional objectives, law and policy relevant to
rural development in the country.
2010-01-01T00:00:00Z