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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 ...
Ethics, justice and the sale of kidneys for transplantation purposes
(2010)
Living kidney donor transplantations are complex; add to that financial compensation
to the donor and one enters an ethical maze. Debates on whether the buying and
selling of kidneys should be allowed are mainly between ...
The role of good environmental governance in the sustainable development of South Africa
(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 ...
'n Toekomstige perspektief op grondwetlike stabiliteit
(North-West University (Potchefstroom Campus), Faculty of Law, 2010)
Temporary employment service (Labour Brokers) in South Africa and Namibia
(North-West University (Potchefstroom Campus), Faculty of Law, 2010)
South Africa currently allows labour broking although this area of commerce is
problematic. The trade union movement, government and organised business are
presently debating the future regulation of this industry. Namibia ...
Rethinking Volks v Robinson: The implications of appliying a "contextualised choice model" to prospective South African domestic partnership legislation
(North-West University (Potchefstroom Campus), Faculty of Law, 2010)
The article considers certain critical failings of the so-called "choice argument" (that
is the view that, by opting to cohabit in a life partnership rather than marry or enter
into a civil partnership, a life partner ...
How to use voluntary, self-regulatory and alternative environmental compliance tools: some lessons learnt
(North-West University (Potchefstroom Campus), Faculty of Law, 2010)
A number of alternative environmental enforcement tools are available that may be
used to enhance the environmental enforcement effort in South Africa. Current
debate focuses on which tools work effectively and the reasons ...
Municipal tender awards and internal appeals by unsuccessful bidders
(North-West University (Potchefstroom Campus), Faculty of Law, 2010)
In recent years, bidders aggrieved by municipal tender awards are increasingly
resorting to Section 62 of the Local Government: Municipal Systems Act1 for relief.
The application of this provision to tender processes is ...
How could the pension funds adjudicator get so wrong? A critique of Smith versus Eskom Pensiion and Provident fund
(North-West University (Potchefstroom Campus), Faculty of Law, 2010)
In this case note the judgment in the Smith case is criticized for being inconsistent with
the landmark ruling in Volks. It is argued that the Adjudicator ought to have remanded
the matter in Smith to the Board and ought ...