Browsing PER: Potchefstroom Electronic Law Journal by Subject "Legality"
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Reviewing the Speaker's decision : a brief synopsis of UDM v Speaker of the National Assembly 2017 5 SA 300 (CC)
(PER/PELJ, 2021)In United Democratic Movement v Speaker of the National Assembly 2017 5 SA 300 (CC), the Constitutional Court set out certain factors that the Speaker of the National Assembly must consider when deciding the manner in ... -
The South African constitutional court and the rule of law: The masethla judgement, a cause for concre?
(North-West University (Potchefstroom Campus), Faculty of Law, 2010)The rule of law as a foundational constitutional value constrains the exercise of public power but the precise limits of the constraints it sets are not well defined. In Masethla v President of the Republic of South ... -
The unconstitutional practices of the Judicial Service Commission under the guise of Judicial Transformation: Cape Bar Council v Judicial Service Commission [2012] 2 ALL 143 (WCC)
(2014)This contribution aims to point out valuable lessons from the shortcomings of the Judicial Service Commission as highlighted in the case of The Cape Bar Council v The Judicial Service Commission. The case involved the ... -
When certainty and legality collide: The efficacy of interdictory relief for the cessation of building works pending review proceedings
(North-West University (Potchefstroom Campus), Faculty of Law, 2010)Effective legal redress against unlawful building works or construction activities can be an elusive target. Given the desirability of legal certainty attached to administrative decisions in terms of which building plans ...
