Author Archives: Lauren Kohn

Statement on the Constitution and lawful protest | Faculty of Law

Statement on the Constitution and lawful protest | Faculty of Law law.uct.ac.za “We further acknowledge that many of the concerns highlighted by the student movements over the last year are of national significance, particularly the issues relating to designated groups having access to opportunities to study and work at institutions of higher learning and to… Read More »

Transformative Constitutionalism

I’m busy preparing for my lecture on transformative constitutionalism and these poignant words of our late great former Chief Justice, Pius Langa, seemed apt given the current socio-political climate: “Social transformation is indispensable to our society. In South Africa – it is synonymous with reconciliation. If there is no reconciliation between the people and groups… Read More »

Rhodes Must Fall

I don’t quite know where to begin. But somehow I have to get the words out because they are bubbling up inside me and, I suspect, inside many others. I feel that, somewhat ironically, in this cyber-era there is perhaps more self-censoring (than there was pre-Facebook and Twitter etc) because there is so often a… Read More »

Constitutional Court Review Conference 2015

I was honoured to be invited to write a piece for the 7th edition of Constitutional Court Review and presented my paper at the conference on 4 December 2015. My article is on the recent Constitutional Court judgment of Trencon Construction (Pty) Ltd v Industrial Development Corporation of South Africa Limited [2015] ZACC 22. In particular, I… Read More »

Escaping the ‘Shifren Shackle’ Through the Application of Public Policy: An Analysis of Three Recent Cases Shows Shifren is not so Immutable after All

Nearly five decades ago, and in the wake of debate in legal circles, the Shifren principle found its way into our law pursuant to the Appellate Division decision in SA Sentrale Ko-op Graanmaatskappy Bpk v Shifren. In terms of this principle, ‘contracting parties may validly agree in writing to an enumeration of their rights, duties and… Read More »

B-BBEE status and fronting in the Procurement Context: Enterprises seeking to win state tenders, take note

On 7 December 2011 the new Preferential Procurement Regulations, 2011 (‘the Regulations’) made under the Preferential Procurement Policy Framework Act, 2000 (‘the PPPFA’) came into effect. The Regulations have a broader scope of application than the 2001 Regulations: municipal entities, as well as schedule 2 and 3 public entities listed under the Public Finance Management… Read More »

Our curious administrative law love triangle : the complex interplay between the PAJA, the Constitution and the common law

The proverbial saying goes: two’s company; three’s a crowd. This about encapsulates the awkward relationship between the fundamental right to administrative justice (in section 33 of the Constitution), the Promotion of Administrative Justice Act, 2000, enacted to give legislative effect to the right, and the common-law principles of judicial review of administrative action. Following the… Read More »