Property and access: Inequality of land relations and the continued vulnerability of women

by | May 6, 2023 | SALJ, SALJ V140 I2 2023

Property and access: Inequality of land relations and the continued vulnerability of women

Author: Z T Boggenpoel

ISSN: 1996-2177
Affiliations: Professor in Private Law, Stellenbosch University
Source: South African Law Journal, Volume 140 Issue 2, p. 387-412
https://doi.org/10.47348/SALJ/v140/i2a6

Abstract

This article foregrounds the interplay between property and access from the perspective of those on the margins of property law, focusing specifically on women. The aim is to identify several instances where women are still in vulnerable positions despite a constitutional and/or legislative framework that purports to be progressive regarding gender equality and advancing women’s land rights. The article challenges the belief that individual wins in some court judgments are enough to proclaim the strengthening of women’s land rights. In this respect, it is important to consider whether a picture emerges that moves women away from the periphery towards the centre of property law.

Clarifying the constitutional status of the National Prosecuting Authority

by | May 6, 2023 | SALJ, SALJ V140 I2 2023

Clarifying the constitutional status of the National Prosecuting Authority

Author: Loammi Wolf

ISSN: 1996-2177
Affiliations: Research Associate, UFS Centre for Human Rights, University of the Free State
Source: South African Law Journal, Volume 140 Issue 2, p. 413-452
https://doi.org/10.47348/SALJ/v140/i2a7

Abstract

Chapter 8 of the Constitution aligns the status of the National Prosecuting Authority (‘NPA’) to the separation of powers typical for constitutional states where two principal organs developed in the third branch of state power during the midnineteenth century to refine Montesquieu’s model of separation of powers. The organs for the ‘administration of justice’ consist of the judiciary (adjudication) and prosecutors (prosecuting crime). Therefore, the status of the NPA entails both structural and functional independence from the executive. The reasons for the NPA’s failures are manifold and complex. The main reason is that the political elite continued to treat the NPA as a part of the executive branch, partly perpetuating the practice under the former Westminster constitutions and partly due to the ANC’s policy of ‘democratic centralism’. This has resulted in a chaotic state organisation of criminal justice where the powers allocated to prosecutors by s 179(2) are not clearly demarcated from policing powers under s 205(3) of the Constitution. For the proper functioning of the NPA to uphold the rule of law, it is important to delineate clearly the powers of the NPA from those of the judiciary, the executive — especially the Minister of Justice — the President, the police, and the watchdog functions of Chapter 9 institutions.

Book Review: David Cluxton Aviation Law Cause of Action Exclusivity in the Warsaw and Montreal Conventions (2022)

by | May 6, 2023 | SALJ, SALJ V140 I2 2023

Book Review: David Cluxton Aviation Law Cause of Action Exclusivity in the Warsaw and Montreal Conventions (2022)

Authors: William Kiema & Philippe-Joseph Salazar

ISSN: 1996-2177
Affiliations: University of Cape Town; University of Cape Town
Source: South African Law Journal, Volume 140 Issue 2, p. 458-464
https://doi.org/10.47348/SALJ/v140/i2a9

Abstract

None

Administration of Justice

by | May 1, 2023 | YSAL, YSAL V3

Administration of Justice

Authors Jason Brickhill, Hugh Corder, Dennis Davis, Gilbert Marcus

ISBN: 978 148514  016 0
Affiliations: LLB (UCT) MSt (Oxon) DPhil (Oxon); Director of Litigation, Socio-Economic Rights Institute of South Africa; Member of the Johannesburg Bar; Tutor in Human Rights Law, University of Oxford; Honorary Research Associate, University of Cape Town; External examiner, postgraduate law research degrees, University of the Witwatersrand; BCom LLB (UCT) LLB (Cantab) DPhil (Oxon); Professor Emeritus of Public Law and Interim Director, Graduate School of Business, University of Cape Town; BCom LLB (UCT) MPhil (Cantab) LLD (hc) (UCT); Judge President of the Competition Appeal Court; Honorary Professor, Faculty of Law, University of Cape Town; BA LLB (Wits) LLM (Cantab); Senior Counsel; Member of the Johannesburg Bar; Honorary Professor of Law, University of the Witwatersrand
Source: Yearbook of South African Law, Volume 3, p. 1 – 75