Ever since union - and before - black South Africans have been excluded from parliament, provincial councils and other law-making bodies. This means that blacks have never participated in the electoral process. The voting (electoral) system - its nature and workings - remained the sole preserve of white political parties and the Apartheid government of the day. As a result of a conjuncture of circumstances (as per Harare Declaration), the African National Congress and the apart0heid government are now engaged in talks. Hopefully this will ultimately lead to negotiations towards a new Constitution which will make provision for a single unitary, non-racial, non-sexist South Africa with universal franchise on one single common voters roll and one person one vote. Part of the process of constitution-making for such a South Africa, will be the working out of a system of voting, an electoral system, which would be appropriate for the country. The African National Congress has recognised the need for a multi-party system, the right of all other political forces and organisations to organise and to compete for power on the political terrain. The ANC also recognises that all parties enjoying significant support should have the right to be represented in a Constituent Assembly and parliament. The question which needs to be resolved is: What would be an appropriate electoral system to achieve the stated objec0tive? It is to place the issue before the people of our country and to ensure participation at the widest levels by all the organisa0tions of the people in the process of constitution-making (including formulating and/or agreeing upon an acceptable system of voting), that the African National Congress, Community Law Centre (University of the Western Cape) and the Centre for Development Studies have organised a conference to be held in the Western Cape on 2 - 4 NOVEM0BER 1990. This conference will not be a decision-making one. nor will there be any resolutions at the end of the conference. The objective is to facilitate meaningful discussions throughout the country. To facilitate this process, we present a discussion document entitled "ELECTORAL SYSTEMS: A CRITICAL SURVEY" which has been prepared by Professor KADER ASMAL, a member of the Constitutional Committee of the ANC and Professor of Law at Trinity College, Dublin. It is hoped that arising from these discussions, there will be more meaningful discussions and consultations amongst or0ganisations such as trade unions, civic organisations, women’s organisations and other sectoral or0ganisations - ultimately leading to a situation which we would be better able to decide on an acceptable, unity building and democratic electoral system. / "The Community Law Centre (UWC) & Centre for Development Studies in conjunction with the ANC Constitutional Committee."--Cover

The Native Territories Penal Code (NTPC) was passed by the Parliament of the Cape of Good Hope in 1886. It was part of the administrative machinery of the Cape colonial authorities for the Xhosa speaking people who occupied the area between the Great Kei and the Mtamvuna Rivers. However, it became the criminal code applicable to all people living in the Transkeian Territories regardless of race or colour. The Code was enacted ■following the recommendations of the Cape Government Commission on Native Laws and Customs (1883). Quite unexpectedly this Code exerted a great deal of influence on South African criminal law especially after union was formed in 1910. This was because the code was a document readily available to judges and magistrates in South Africa, and when a difficult question of law arose it was all very easy to say that the South Africa law on the point was as laid down in a particular section of the Code. In this way the Code also assisted in the importation of English law into South African lav;. Text book writers like Gardiner and Lansdown also contributed to the influence of the NTPC on South African criminal law. As time went on, however, South African jurists saw the mistake of the NTPC being recorded as a correct reflection of South African law in particular areas and set out to correct the position. Prominent among these are De Wet & Swanepoel and P.M.A. Hunt. They achieved a great measure of success in watering down the influence of NTPC on South Africa law , although it cannot be said that they eradicated it. So strong was Che influence of this Code that it was felt even as far away as Rhodesia and Bechuanaland (as they then w e r e ). / Criminology and Security Science / LL. D. (Criminology)

No description available.

This study evaluates the court's approach towards the interpretation of administrative justice with specific reference to Roman v Williams 1997(2) SACR 754(C). Section 33 of the Constitution Act 108 of 1996 guarantees the right to administration justice. The elements of this right are lawfulness, reasonableness and procedurally fairness. Our courts are bound constitutionally to promote, develop, advance and protect the fundamental rights. This study provides the most effective approach towards the development of the fundamental right in our democratic society where the Bill of Rights binds legislature, executive and judiciary. / Administrative Law / LL.M. (Administrative Law)

Thesis (LLD) -- Stellenbosch University, 1971. / ENGLISH ABSTRACT: see item for full text AFRIKAANSE OPSOMMING: sien item vir volteks.

This dissertation will examine the current state of our common law in relation to its treatment of exemption clauses in contracts, and will focus on recent developments which may augur greater scope and a new approach to be taken in future for South African courts to ensure fairness and the promotion of substantive justice for contracting parties faced with such provisions. Whilst it is acknowledged that exemption clauses are considered to be an integral part of most contracts and are used to facilitate the efficient running of businesses, their continued use in standard form contracts have been viewed with judicial suspicion and scrutiny as the inherent nature of these clauses have the potential to operate unfairly against a contracting party by excluding their rights of recourse which they would have otherwise had at common law. Public policy has always been a benchmark against which potentially unfair contracts terms have been measured however, the advent of the Constitution has brought about a new meaning to be prescribed to public policy as the Constitutional Court has declared that it is now deeply rooted and informed by constitutional values of dignity, equality, freedom and more recently ubuntu which is to infuse the common law principles of contract. Despite these developments, the new meaning of public policy and the apparent elevation of the spirit of ubuntu as an overarching and founding constitutional value has not been fully utilised by courts in a manner which can effectively address these potentially unfair, one-sided and abusive exemption clauses by declaring them to be contrary to public policy. Notwithstanding legislative acknowledgement and the subsequent enactment of the Consumer Protection Act 2008 which has brought about greater regulation of unfair and unconscionable contract terms, it is argued that the testing of potentially unfair and abusive exemption clauses against the dictates of public policy and ubuntu in a constitutional context may provide the South African courts with a new approach to pursue greater substantive justice in respect of these notoriously problematic clauses. / Thesis (M.A.)-University of KwaZulu-Natal, Durban, 2012.

<p>This study explored the various forms public interest litigation takes in various legal systems, focusing on the practice in South Africa. An examination of the relevant legal regime in Ethiopia was made with a view to assessing its adequacy to cater for public interest actions and coming up with possible recommendations. Apart from the analysis of the adequacy of the legal framework, an attempt was made to identify other factors that may pose a challenge to the introduction of the system in Ethiopia.</p>

Thesis (M. Phil.(Environmental law and management))--University of Limpopo, 2009

<p>This study explored the various forms public interest litigation takes in various legal systems, focusing on the practice in South Africa. An examination of the relevant legal regime in Ethiopia was made with a view to assessing its adequacy to cater for public interest actions and coming up with possible recommendations. Apart from the analysis of the adequacy of the legal framework, an attempt was made to identify other factors that may pose a challenge to the introduction of the system in Ethiopia.</p>

This study evaluates the court's approach towards the interpretation of administrative justice with specific reference to Roman v Williams 1997(2) SACR 754(C). Section 33 of the Constitution Act 108 of 1996 guarantees the right to administration justice. The elements of this right are lawfulness, reasonableness and procedurally fairness. Our courts are bound constitutionally to promote, develop, advance and protect the fundamental rights. This study provides the most effective approach towards the development of the fundamental right in our democratic society where the Bill of Rights binds legislature, executive and judiciary. / Administrative Law / LL.M. (Administrative Law)