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Minister Of Public Works V Kyalami Ridge Environmental Association
''Minister of Public Works and Others v Kyalami Ridge Environmental Association and Others'', an important case in South African law, was decided by the Constitutional Court on May 29, 2001. Facts The South African government established a transit camp on state-owned land which had previously been used as a prison farm. The purpose of the camp was to house those people from the Alexandra Township who had been displaced by severe floods. The intention was that the persons so accommodated would move to permanent housing when such became available, and that the transit camp would then be dismantled. This plan was made without any prior discussions with residents in the area. A residents' association called on the Minister of Public Works to suspend operations, contending that the establishment of the transit camp involved an alteration in the use of the land, and was being carried out in contravention of the Environment Conservation Act and the National Environmental Management A ...
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Constitutional Court Of South Africa
The Constitutional Court of South Africa is the supreme constitutional court established by the Constitution of South Africa, and is the apex court in the South African judicial system, with general jurisdiction. The Court was first established by the Interim Constitution of 1993, and its first session began in February 1995. It has continued in existence under the Constitution of 1996. The Court sits in the city of Johannesburg. After initially occupying commercial offices in Braamfontein, it now sits in a purpose-built complex on Constitution Hill. The first court session in the new complex was held in February 2004. Originally the final appellate court for constitutional matters, since the enactment of the Seventeenth Amendment of the Constitution in 2013, the Constitutional Court has jurisdiction to hear any matter if it is in the interests of justice for it to do so. The Constitutional Court consists of eleven judges who are appointed by the President of South Af ...
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Zak Yacoob
Zakeria Mohammed "Zak" Yacoob (born 3 March 1948) is a retired South African judge who served in the Constitutional Court of South Africa from February 1998 to January 2013. He was appointed to the bench by Nelson Mandela and retired after serving the maximum 15-year term. Before he joined the bench, he was a practising advocate and an anti-apartheid activist. Yacoob was born in Durban, where he was admitted as an advocate in 1973 and as Senior Counsel in 1991. He rose to prominence representing anti-apartheid activists in public law matters and criminal political trials. At the same time, he was himself active in the Natal Indian Congress, United Democratic Front, and other anti-apartheid organisations. In the 1990s, he was a technical adviser in the post-apartheid constitutional negotiations and a member of the inaugural Independent Electoral Commission before he was appointed to the Constitutional Court. He is well known for drafting the Constitutional Court's judgement ...
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Rule Of Law
The essence of the rule of law is that all people and institutions within a Body politic, political body are subject to the same laws. This concept is sometimes stated simply as "no one is above the law" or "all are equal before the law". According to ''Encyclopædia Britannica'', it is defined as "the mechanism, process, institution, practice, or norm that supports the equality of all citizens before the law, secures a nonarbitrary form of government, and more generally prevents the arbitrary use of power." Legal scholars have expanded the basic rule of law concept to encompass, first and foremost, a requirement that laws apply equally to everyone. "Formalists" add that the laws must be stable, accessible and clear. More recently, "substantivists" expand the concept to include rights, such as human rights, and compliance with international law. Use of the phrase can be traced to Tudor period, 16th-century Britain. In the following century, Scottish theologian Samuel Rutherfor ...
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Separation Of Powers
The separation of powers principle functionally differentiates several types of state (polity), state power (usually Legislature#Legislation, law-making, adjudication, and Executive (government)#Function, execution) and requires these operations of government to be conceptually and institutionally distinguishable and articulated, thereby maintaining the integrity of each. To put this model into practice, government is divided into structurally independent branches to perform various functions (most often a legislature, a judiciary and an administration, sometimes known as the ). When each function is allocated strictly to one branch, a government is described as having a high degree of separation; whereas, when one person or branch plays a significant part in the exercise of more than one function, this represents a fusion of powers. History Antiquity Polybius (''Histories'', Book 6, 11–13) described the Roman Republic as a mixed government ruled by the Roman Senate, ...
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National Environmental Management Act
National may refer to: Common uses * Nation or country ** Nationality – a ''national'' is a person who is subject to a nation, regardless of whether the person has full rights as a citizen Places in the United States * National, Maryland, census-designated place * National, Nevada, ghost town * National, Utah, ghost town * National, West Virginia, unincorporated community Commerce * National (brand), a brand name of electronic goods from Panasonic * National Benzole (or simply known as National), former petrol station chain in the UK, merged with BP * National Book Store, a bookstore and office supplies chain in the Philippines * National Car Rental, an American rental car company * National Energy Systems, a former name of Eco Marine Power * National Entertainment Commission, a former name of the Media Rating Council * National Motor Vehicle Company, Indianapolis, Indiana, USA 1900–1924 * National Radio Company, Malden, Massachusetts, USA 1914–1991 * National Supermarket ...
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Environment Conservation Act
Environment most often refers to: __NOTOC__ * Natural environment, referring respectively to all living and non-living things occurring naturally and the physical and biological factors along with their chemical interactions that affect an organism or a group of organisms Other physical and cultural environments *Ecology, the branch of ethology that deals with the relations of organisms to one another and to their physical surroundings *Environment (systems), the surroundings of a physical system that may interact with the system by exchanging mass, energy, or other properties. *Built environment, constructed surroundings that provide the settings for human activity, ranging from the large-scale civic surroundings to the personal places *Social environment, the culture that an individual lives in, and the people and institutions with whom they interact *Market environment, business term Arts, entertainment and publishing * ''Environment'' (magazine), a peer-reviewed, popular e ...
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South African Law
South Africa has a 'hybrid' or 'mixed' legal system, formed by the interweaving of a number of distinct legal traditions: a civil law system inherited from the Dutch, a common law system inherited from the British, and a customary law system inherited from indigenous Africans (often termed African Customary Law, of which there are many variations depending on the tribal origin). These traditions have had a complex interrelationship, with the English influence most apparent in procedural aspects of the legal system and methods of adjudication, and the Roman-Dutch influence most visible in its substantive private law. As a general rule, South Africa follows English law in both criminal and civil procedure, company law, constitutional law and the law of evidence; while Roman-Dutch common law is followed in the South African contract law, law of delict (tort), law of persons, law of things, family law, etc. With the commencement in 1994 of the interim Constitution, and in ...
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Acting (law)
In law, a person is acting in a position if they are not serving in the position on a permanent basis. This may be the case if the position has not yet been formally created, the person is only occupying the position on an interim basis, the person does not have a mandate, or if the person meant to execute the role is incompetent or incapacitated. Business Organizations are advised to have a succession plan including the designation of an acting CEO if the person in that job vacates that position before a replacement has been determined. For example, the lead director on the board of directors may be designated to assume the responsibilities of the CEO until the board finds a new CEO. Politics Examples of acting positions in politics include acting mayor, acting governor, acting president, and acting prime minister. Officials in an acting position sometimes do not have the full powers of a properly appointed official, and are often the proper official's deputy or longest ...
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Cecil Somyalo
Cecil may refer to: People with the name * Cecil (given name), a given name (including a list of people and fictional characters with the name) * Cecil (surname), a surname (including a list of people with the name) Places Canada * Cecil, Alberta, Canada United States * Cecil, Alabama * Cecil, Georgia * Cecil, Ohio *Cecil, Oregon *Cecil, Pennsylvania * Cecil, West Virginia *Cecil, Wisconsin *Cecil Airport, in Jacksonville, Florida *Cecil County, Maryland Computing and technology *Cecil (programming language), prototype-based programming language *Computer Supported Learning, a learning management system by the University of Auckland, New Zealand Music *Cecil (British band), a band from Liverpool, active 1993-2000 *Cecil (Japanese band), a band from Kajigaya, Japan, active 2000-2006 Other uses * ''Cecil'' (novel), an 1841 novel by Catherine Gore *Cecil (lion), a famed lion killed in Zimbabwe in 2015 * Cecil (''Passions''), a minor character from the NBC soap opera ''Passions' ...
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Mbuyiseli Madlanga
Mbuyiseli Russel Madlanga (born 27 March 1962) is a judge of the Constitutional Court of South Africa, currently serving as Deputy Chief Justice of South Africa, Acting Deputy Chief Justice of South Africa following the elevation of Mandisa Maya to Chief Justice of South Africa, Chief Justice. He joined the bench on 1 August 2013 on the appointment of President Jacob Zuma. Formerly an advocate in the Eastern Cape, he first served as a judge in the Transkei Division between 1996 and 2001. Early life Madlanga was born in 1962 in Njijini village, Mount Frere, to a family of the amaBhaca. He attended Lekete High School in Acornhoek. His father, a teacher, encouraged him to apply for a bursary to read law at the University of Transkei, where he completed a Bachelor of Jurisprudence, BJuris in 1981 in an atmosphere of growing social unrest. During his final year he began working in a Magistrate's court (South Africa), magistrate's office, though he was close friends with African Nati ...
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Albie Sachs
Albert "Albie" Louis Sachs (born 30 January 1935) is a South African lawyer, activist, writer, and former judge appointed to the first Constitutional Court of South Africa by Nelson Mandela. Early life and education Albie Sachs was born in Johannesburg at the Florence Nightingale Hospital to Emile Solomon "Solly" Sachs, General Secretary to the Garment Workers' Union of South Africa, and Rachel "Ray" (née Ginsberg) Sachs (later Edwards). Both his mother and father fled to South Africa as children with parents who were escaping persecution against Jews in Lithuania. Sachs shared that at the time they left, the antisemitism had become so violent that "Every Easter, the Cossacks would ride into the villages and say, 'The Jews killed Christ, we're going to kill the Jews.' And my grandparents and others were fleeing into the forests and basements of buildings... so they wanted to escape." Both of his parents were politically active and his father expressed the desire that Sachs ...
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South African Law Reports
Case citation is a system used by legal professionals to identify past court case decisions, either in series of books called reporters or law reports, or in a neutral style that identifies a decision regardless of where it is reported. Case citations are formatted differently in different jurisdictions, but generally contain the same key information. A legal citation is a "reference to a legal precedent or authority, such as a case, statute, or treatise, that either substantiates or contradicts a given position." Where cases are published on paper, the citation usually contains the following information: * Court that issued the decision * Report title * Volume number * Page, section, or paragraph number * Publication year In some report series, for example in England, Australia and some in Canada, volumes are not numbered independently of the year: thus the year and volume number (usually no greater than 4) are required to identify which book of the series has the case reported ...
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