Rule of Law Project

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

Video: Violation of the Rule of Law gave SA the Guptas and Zuma corruption

Posted on 13 06, 201815 06, 2018

By Rex van SchalkwykPosted In: Financial services, Rule of Law, VideosTagged: Financial Advisory and Intermediary Services Act, Rule of LawLeave a comment

https://www.youtube.com/watch?v=KOT6sT_oh7Y

Violations of the Rule of Law undermine the Political Party Funding Bill

Posted on 13 06, 201825 07, 2018

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

Author: Martin van Staden Date: 13 June 2018 The Political Party Funding Bill appears to be well on its way to becoming law in South Africa. Its intention to shed light on the identity of those who fund political parties...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

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

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