Rule of Law Project

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

Marshall v SARS (2018) CC

Posted on 14 05, 201814 05, 2018

By Martin van StadenPosted In: Case notes, Rule of LawTagged: Rule of LawLeave a comment

Case Note Marshall NO and Others v Commissioner, South African Revenue Service [2018] ZACC 11 Constitutional Court By: Martin van Staden Facts The South African Red Cross Air Mercy Service Trust (the Trust), an NPO, argued against the South African...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

Substantive equality cannot override formal equality

Posted on 20 12, 201725 07, 2018

By Martin van StadenPosted In: Articles, Rule of LawLeave a comment

Author: Martin van Staden Date: 20 December 2017 It is now well-accepted in South African constitutional jurisprudence that the Constitution’s guarantee of equality in section 9 is not merely concerned with ‘formal’ equality (equality at law), but endorses a notion...Read More

Government’s embrace of parasitical SAA is unconstitutional

Posted on 29 11, 201725 07, 2018

By Martin van StadenPosted In: Articles, Rule of LawTagged: South African AirwaysLeave a comment

Author: Martin van Staden Date: 29 November 2017 South African Airways (SAA) is not a parastatal, it is parasitical. Society as envisioned by our Constitution has no place for parasites, especially if its continual humouring has to come at the...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

Parliament’s surrendering of power to bureaucrats jeopardises democracy

Posted on 14 11, 201725 07, 2018

By Martin van StadenPosted In: Articles, Rule of LawLeave a comment

Author: Martin van Staden Date: 14 November 2017 Did you know that when you drive 140 in a 120 km/h zone, you are not ‘breaking the law’, at least not directly? The same applies when you ‘illegally’ park your car...Read More

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