Author: Gary Moore Date: 10 August 2018 The Protection of Investment Act, 2015[1] declares that it is an Act to provide for protection of investors regardless of nationality[2] and their investments.[3] It commenced in July …
Author: Gary More Date: 1 August 2018 The Mineral and Petroleum Resources Development Act, 2002[1] states that it is a statute to make provision for equitable access to[2] the nation’s mineral[3] resources.[4] Concentration of resources …
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 …
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 …
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 …
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 …
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 …
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 …
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 …
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. …
