The effect of a national disaster on human rights

The effect of a national disaster on human rights

The Bill of Rights Our human rights are encapsulated in the Bill of Rights1 which forms part of our Constitution2, the highest law of our country. The Bill of Rights enshrines the rights of all people in our country and affirms the democratic values of human dignity,...
Duty to Consult and Exhausting Internal Remedies

Duty to Consult and Exhausting Internal Remedies

Written by: Andy Kabeng Introduction The distinction between land rights and mineral rights brought about by Mineral and Petroleum Resources Development Act 28 of 2002 (“MPRDA”) has been a contentious issue and resulting in a flood of litigation being brought before...
Mining companies to be cautious when contracting

Mining companies to be cautious when contracting

Matlala and Others v Platinum Group Metals (RSA) (Pty) Ltd and Another: Mining companies to be cautious when contracting In South Africa, the Courts have established that in order for an applicant to succeed with an application for a final interdict, the applicant...
Court Confirms Municipal Powers

Court Confirms Municipal Powers

Court Confirms Municipal Powers: Telkom SA Soc Ltd, Kalu NO and Another v City of Cape Town Telkom SA (“Applicants”) sought a declaration that the provisions of the City of Cape Town’s Municipal Planning By-laws 2015 (“By-law”), Zoning Scheme Regulations and...
Evidence in Open View Documents in Search & Seizure

Evidence in Open View Documents in Search & Seizure

Plain view doctrine: finding evidence in open view does not amount to search and seizure without warrant Written by Morne Viljoen . The Constitution of the Republic of South Africa guarantees the right of all to privacy. This right to privacy includes the right of...