Gary Moore

Gary Moore BA LL.B. (Witwatersrand) LL.M. (UC London) is a South African lawyer and Senior Researcher at the Free Market Foundation.

African judges defend the Rule of Law

Posted on 24 07, 201825 07, 2018

By Gary MoorePosted In: Articles, Rule of LawLeave a comment

Author: Gary Moore Date: 24 July 2018 A 1992 Treaty established the Southern African Development Community (“SADC”) to promote growth and development. All subcontinental countries up to Tanzania and DRC are members. The Treaty declares that member states must observe human rights and the Rule of Law,...Read More

Mine Health and Safety Act (29 of 1996)

Posted on 23 07, 201823 07, 2018

By Gary MoorePosted In: Research, Rule of LawLeave a comment

Author: Gary Moore Date: 23 July 2018 The Mine Health and Safety Act, 1996[1] states[2] that it is a statute to provide for protection of the health and safety of employees and other persons at mines.[3] Prohibition of work or...Read More

Spatial Planning and Land Use Management Act (16 of 2013)

Posted on 11 07, 201812 07, 2018

By Gary MoorePosted In: Research, Rule of LawLeave a comment

Author: Gary Moore Date: 11 July 2018 The Spatial Planning and Land Use Management Act, 2013[1] states that it is a statute to[2] provide a framework for spatial planning and land-use management in the Republic.[3] The object of the Act is[4] to...Read More

Subdivision of Agricultural Land Act (70 of 1970)

Posted on 04 07, 201804 07, 2018

By Gary MoorePosted In: Research, Rule of Law1 Comment

Author: Gary Moore Date: 4 July 2018 The Subdivision of Agricultural Land Act,1970[1] is an Act to control the subdivision (and, in connection therewith, the use) of agricultural land.[2] The Act stipulates that, unless the Minister of Agriculture has consented—...Read More

Whether expropriation without compensation would violate SA’s treaty or international law obligations

Posted on 21 05, 201804 07, 2018

By Gary MoorePosted In: Research, Rule of LawLeave a comment

Author: Gary Moore Date: 21 May 2018 Introduction This memorandum investigates whether an amendment of the Constitution to authorise expropriation without compensation would violate South Africa’s obligations under bilateral and multilateral international treaties, and, if so, to what extent. This...Read More

Expropriation without compensation would affect the Rule of Law

Posted on 09 05, 201825 07, 2018

By Gary MoorePosted In: Articles, Rule of LawLeave a comment

Author: Gary Moore Date: 09 May 2018 The Expropriation Act authorises government expropriation of private property for market-value compensation. The Constitution states that compensation for expropriation must reflect “equitable balance” between the public interest and interests of those affected, having...Read More

Statutory delegation to the executive of broad law-making powers: Whether courts approve

Posted on 22 01, 201820 03, 2018

By Gary MoorePosted In: Research, Rule of LawLeave a comment

DELEGATION OF LEGISLATIVE POWER Statutory delegation to the executive of broad law-making powers: Whether courts approve Introduction This document investigates the superior courts’ jurisprudence on the separation of powers, with particular reference to a stated imperative of the Rule of...Read More

Use of reverse burdens of proof in legislation

Posted on 12 01, 201820 03, 2018

By Gary MoorePosted In: Research, Rule of LawLeave a comment

REVERSE ONUS OF PROOF Use of reverse burdens of proof in South African legislation Introduction This document investigates statutes which create criminal offences and impose reverse burdens of proof for elements of the offence concerned. Not all instances are identified....Read More

FAIS Act (37 of 2002) – Fit and proper requirements

Posted on 20 11, 201722 02, 2018

By Gary MoorePosted In: Financial services, Research, Rule of LawTagged: Financial Advisory and Intermediary Services ActLeave a comment

Author: Gary Moore Date: 20 November 2017 The provisions of the Financial Advisory and Intermediary Services Act, 2002[1] which provide for the determining of “fit and proper requirements,” and for the granting of exemptions therefrom, violate the Rule of Law....Read More

Financial Services Laws General Amendment Act (45 of 2013)

Posted on 14 11, 201722 02, 2018

By Gary MoorePosted In: Financial services, Research, Rule of LawLeave a comment

Author: Gary Moore Date: 14 November 2017 The Financial Services Laws General Amendment Act, 2013[1] is an omnibus statute[2] which[3] amended certain statutes that regulate financial services, including[4] the— Pension Funds Act, 1956;[5] Long-term Insurance Act, 1998;[6] Short-term Insurance Act...Read More