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Constitutional basis for the enforcement of ''executive'' policies that give effect to socio-economic rights in South Africa
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 ...
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)
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 ...
"Pay now, argue later" rule – before and after the tax administration act
The South African Revenue Service (SARS) is entrusted with the duty of collecting tax on behalf of the South African government. In order to ensure effective and prompt collection of taxes, the payment of tax is not suspended ...
Constitutionalising the right legal representation at CCMA Arbitration Proceedings: law society of the Northern Provinces v Minister of Labour 2013 1 SA 468 (GNP)
Recently, the issue of legal representation at internal disciplinary hearings and CCMA arbitrations has been a fervent topic of labour law discourse in South Africa. While the courts have consistently accepted the common ...