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.

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

Protection of Information Act (84 of 1982)

Posted on 10 10, 201722 02, 2018

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

Author: Gary Moore Date: 10 October 2017 The Protection of Information Act, 1982[1] declares that it is a statute to provide for the “protection from disclosure of certain information.”[2] The Act replaced[3] the Official Secrets Act, 1956.[4] It was amended...Read More

National Road Traffic Act (93 of 1996)

Posted on 04 10, 201722 02, 2018

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

Author: Gary Moore Date: 4 October 2017 The National Road Traffic Act, 1996[1] contains provisions[2] concerning[3] the appointment of traffic officers[4] and the powers of traffic officers.[5] The provisions[6] were inserted into the principal Act[7] by a provision of the...Read More

National Key Points Act (102 of 1980)

Posted on 15 08, 201722 02, 2018

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

Author: Gary Moore Date: 15 August 2017 The National Key Points Act, 1980[1] provides for the declaration and safeguarding[2] of national key points.[3] The Minister[4] may declare any place[5] (or area[6]) a key point— If it appears to him at...Read More

FAIS Act (37 of 2002) – Debarring representatives

Posted on 04 08, 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: 4 August 2017 The Financial Advisory and Intermediary Services Act, 2002[1] stipulates a person may not act as representative of a financial-services provider by rendering intermediary services or advice on the latter’s behalf to its clients[2]...Read More