ISSN: 1996-2177
Affiliations: Chief Justice of the Republic of South Africa
Source: South African Law Journal, Volume 142 Issue 1, p. 199-201
https://doi.org/10.47348/SALJ/v142/i1a11
None
ISSN: 1996-2177
Affiliations: Judge of the Western Cape High Court
Source: South African Law Journal, Volume 142 Issue 1, p. 202-205
https://doi.org/10.47348/SALJ/v142/i1a12
None
ISSN: 1996-2193
Affiliations:Justice of the Constitutional Court of South Africa
Source: Stellenbosch Law Review, Volume 35 Issue 1, 2024, p. 1 – 20
https://doi.org/10.47348/SLR/2024/i1a1
The colonial and apartheid systems created widespread poverty and inequality which, in tandem with each other, shaped the lives of millions of our people. The Constitution of the Republic of South Africa, 1996, beyond recognising this legacy, contains a clear and unconditional commitment to fundamentally changing it. This contribution explores the achievements and challenges in redressing poverty and inequality, two key elements of the legacy of apartheid, which continues to plague South African society 30 years after the first democratic elections. It focuses on the relationship between equality and socio-economic rights, and the evolving constitutional jurisprudence on these rights. It proceeds to examine the implications of the chasm between the public and private spheres of our society in redressing the inequalities in our society, raising the question of redistributive justice. Thereafter this contribution examines the role of the courts in addressing poverty and inequality. It identifies the important role that context-sensitive adjudication can play, while also highlighting the institutional constraints of the judiciary. The contribution concludes by exploring the reasonableness model of review for adjudicating socio-economic rights claims. It identifies the features of reasonableness review that enable courts to promote government accountability for socio-economic rights realisation while respecting the separation of powers doctrine. The paper concludes that while courts have a vital role to play, addressing poverty and inequality is ultimately a joint responsibility shared by the people of this country.
ISSN: 1996-2193
Affiliations:BProc LLB LLM MA (HES) LLD, Senior lecturer, University of the Free State; LLB PG DIP (FINANCIAL PLANNING LAW) LLM MA (HES), Lecturer, University of the Free State
Source: Stellenbosch Law Review, Volume 35 Issue 1, 2024, p. 21 – 39
https://doi.org/10.47348/SLR/2024/i1a2
The global Covid-19 pandemic resulted in a transition to online teaching and learning, which prompted higher education institutions to reconsider their assessment methods. Soon, implementing the most appropriate assessment approach to encourage students to engage with the study material on an ongoing basis and which would lead to a deeper understanding of module content became an exciting challenge in the completely remote learning scenario. Grappling with this challenge, lecturers in the Faculty of Law at the University of the Free State implemented alternative assessment methods in a Legal Skills first-year module and a Law of Property third-year module. By using the action research method to implement change, observe the change and critically reflect on the outcome, the authors report on the valuable lessons that they have learned from this exercise. This contribution provides an account of the benefits and drawbacks of traditional versus alternative assessment methods and a critical perspective on the practicality of using alternative assessment tools in undergraduate programmes.
ISSN: 1996-2193
Affiliations: LLB LLM LLD, Lecturer, University of the Western Cape
Source: Stellenbosch Law Review, Volume 35 Issue 1, 2024, p. 40 – 60
https://doi.org/10.47348/SLR/2024/i1a3
In South African law, a company that wishes to provide financial assistance to one of its directors, a related juristic person, or to a person related to a director or related juristic person, must comply with the requirements contained in section 45 of the Companies Act 71 of 2008 to validly execute such a transaction. The Act contains no precise definition of the term “financial assistance”, causing commentators to speculate that the reach of section 45 may be extremely wide. However, in Constantia Insurance Co Ltd v Master, Johannesburg High Court 2023 5 SA 88 (SCA), the Supreme Court of Appeal interpreted “financial assistance” narrowly. In this contribution, the Court’s restrictive interpretation of the term is critically analysed. I argue that the Court’s decision was correct and that its interpretation of “financial assistance” is consistent with the objectives of South African company law because it is likely to improve business efficiency without unduly prejudicing a company’s stakeholders. I also propose that the necessity for related-party financial assistance provisions should be reconsidered.