Characterisation constitutional law

But its underlying purpose and scope are much wider. Only then can one really come to grips with the certification itself. Virtually all of those issues were raised in written submissions and oral representations received from political parties, special interest groups and members of the public at large.

Characterisation constitutional law

Readers should note that some reported judgments may have been overruled or overturned on appeal or have an appeal pending against them: Section 3 2 of the Admission of Advocates Act 74 of the Act provides among others that to be admitted as an advocate a person shall have the degree of Bachelor of Laws LLBreferred to as Baccalaureus Legum degree in Latin.

However, he did not have the LLB degree. Instead, he had a Baccalaureus Procurationis BProc degree, which he completed over a period of five years. Due to oversight no such opposition was made and as a result the second respondent was admitted.

Rescinding and setting aside with costs the order of Willis J and Kolbe AJ in terms of which, the first respondent had been admitted as an advocate, Moshidi J Meyer J and Muzi AJ concurring the court held that the provisions of s 3 2 of the Act made it clear that the academic requirement for admission as an advocate was the LLB degree.

It could never have been the intention of the legislature in the provisions of s 3 2 to equate a BProc degree to an LLB degree. Civil procedure Appeal against execution order: The property in question had been allocated by the Municipality to the first respondent, Linda.

Choice of laws[ edit ] Courts faced with a choice of law issue have a two-stage process:
“White Genocide” is Not Underway in South Africa Fourth Amicus Curiae Heard on: Introduction [1] South Africa is not only a beauty to behold but also a geographically sizeable country and very rich in minerals.
Speeches by Chief Justice Allsop AO Gregory Stanton, Genocide Watch 19 August To get a basic understanding of the Ten Stage model that Genocide Watch uses to map the genocidal process, please read http:

However, Linda did not have the title deed, that is, was not the registered owner of the property, nor was he in charge thereof. The magistrate granted the first respondent an eviction order. Because of the difficulty of preparing the appeal record the appeal stalled. As a result, pending finalisation of the appeal the first respondent applied for an order for the execution of the eviction order in the interim.

Another magistrate, granted the interim execution order.

Characterisation constitutional law

It was against that order that the applicant appealed to the GP where it was held that the execution order was not appealable, hence the dismissal of the appeal. An application for special leave to appeal to the SCA was also dismissed. That being the case, the applicant applied for leave to appeal to the CC.

2017 Sir Maurice Byers Lecture

Such leave was granted and the appeal itself upheld. The applicant having been represented by a public-interest law firm, and not pressing for costs, each party was ordered to pay own costs.

The costs orders of the courts a quo were set aside. Reading a unanimous judgment of the court Khampepe J held that ordinarily interim execution orders were considered interlocutory in that they provided parties with interim relief, pending finalisation of the legal action.

Generally, it was not in the interests of justice for interlocutory relief to be subject to appeal as that would defeat the very purpose of that relief.

The Law Reports - De Rebus

When the eviction order was granted he was not afforded alternative accommodation by the municipality. He was a poor individual who resorted to unlawfully occupying land, a choice made out of desperation and destitution. If evicted, he would inevitably have to resort to some similar expedience in order to continue to provide accommodation for his family.I beg to move amendment 57, page 2, line 42, leave out clause 4.


This amendment is linked to NC19, which would aim to preserve, more comprehensively than the existing Clause 4, rights, powers, liabilities, obligations, restrictions, remedies and procedures derived from EU law and incorporated into domestic law via the European Communities Act David Matlala BProc (University of the North) LLB (Wits) LLM (UCT) LLM (Harvard) LLD (Fort Hare) HDip Tax Law (Wits) is an adjunct professor of law at the University of Fort Hare.

[] The dispute in Ex parte Attorney-General arose out of the terms of the Namibian Constitution which provide that there should be an Attorney-General and a Prosecutor-General. The Attorney-General is a political appointment and holds office at the discretion of the President without any security of tenure.

RTF - kb. 1 I have taken the title of this evening’s lecture from a short, but powerful, article on the advocate’s view of the judiciary, given by Sir Maurice Byers in , in which he wrote: [] The law is an expression of the whole personality and should reflect the values that sustain human societies.

Conflict of laws concerns relations across different legal jurisdictions between natural persons, companies, corporations and other legal entities, their legal obligations and the appropriate forum and procedure for resolving disputes between them.

Conflict of laws especially affects private international law, but may also affect domestic legal disputes e.g.

determination of which state law. Genocide Watch is the Coordinator of Alliance Against Genocide. Founded in , the Alliance is made up of over 50 organizations from around the world and was the first coalition of organizations focused completely on preventing genocide.

The law as an expression of the whole personality