Author Archives: Lauren

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

This article traverses complex terrain at the intersection of the private law of contract and human rights, via the doctrinal device of public policy. It was nominated by the UCT Law Faculty (Director, Internationalisation) for the St Petersburg International Legal Forum Private Law Prize, 2018. Nearly five decades ago, and in the wake of debate… Read More: Escaping the ‘Shifren Shackle’ Through the Application of Public Policy:… »

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: B-BBEE status and fronting in the Procurement Context: Enterprises seeking… »

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

This article has received over 1500 views on Academia.edu, been cited extensively, and according to the SABINET law journals database, it is now made available on the Department of Higher Education and Training (DHET) accreditation list. The proverbial saying goes: two’s company; three’s a crowd. This about encapsulates the awkward relationship between the fundamental right… Read More: Our curious administrative law love triangle : the complex interplay… »

R250m won back from SARB to go into trust to fund constitutional cases – Mark Shuttleworth

On 1 October 2014, the South African Supreme Court of Appeal handed down judgment in the matter of Shuttleworth v South African Reserve Bank (864/2013) [2014] ZASCA 157 (1 October 2014). Following on from the handing down of the judgment, Mark shuttleworth released a media statement saying that he will put the returned funds of R250m plus… Read More: R250m won back from SARB to go into trust to… »

The failure of an arranged marriage: The traditional leadership / democracy amalgamation made worse by the Draft Traditional Affairs Bill (2014) 29 SA Public Law 343

This article flowed from a pro bono legal opinion Lauren furnished to the Legal Resources Centre (LRC) and the Centre for Law & Society (CLS; now LARC http://www.larc.uct.ac.za/) in 2014. It has since fed into the Unit’s submissions to Parliament and litigation on communal land rights, rural women’s rights and traditional affairs as viewed through… Read More: The failure of an arranged marriage: The traditional leadership /… »

The Anomaly that is Section 24G of NEMA: An Impediment to Sustainable Development

This article weaves together Lauren’s knowledge of administrative law, environmental law, good governance and competition law. It won the 2016 UCT Law Faculty’s Research Prize (1st place) as ‘the most outstanding article in a peer-reviewed journal’, with the anonymous reviewer commending it for drawing ‘extensively on environmental law, competition law and administrative law…dealing with a… Read More: The Anomaly that is Section 24G of NEMA: An Impediment… »

The burgeoning constitutional requirement of rationality and the separation of powers: has rationality review gone too far?

This article presents an analysis of three recent judgments of our apex courts which collectively illustrate a maximising of the ‘minimum threshold requirement’ of rationality through the seemingly inexhaustible principle of legality. The question sought to be addressed is whether, in extending this baseline requirement to cover procedural fairness, reason-giving and something akin to proportionality,… Read More: The burgeoning constitutional requirement of rationality and the separation of… »

Why our parliament is failing to hold the Executive to account – Potter Talks

The Potter Talks are conducted by prominent academics, thought leaders, innovators and students on issues affecting civil society in South Africa. I was recently invited to present at the May 2012 talks in Cape Town, where I examined some examples of where the separation of powers in the South African political system are failing and why… Read More: Why our parliament is failing to hold the Executive to… »

Squaring up for government tenders

This is a follow-up to my earlier article, “Preferential Procurement: urgent legislative reform required” (without prejudice September 2010 p41), which addressed the implications of Sizabonke Civils CC t/a Pilcon Projects v the Zululand District Municipality 2010 JDR 0565 (KZP) (Sizabonke). Sizabonke highlighted the need for urgent legislative reform in the field of preferential procurement, and my discussion of this case concluded:… Read More: Squaring up for government tenders »

Preferential procurement: urgent legislative reform required

The recent case of Sizabonke Civils CC t/a Pilcon Projects v the Zululand District Municipality and Others [case no. 10878/2009], handed down on May 12 2010 in the Kwazulu-Natal High Court, Pietermaritzburg] (the Sizabonke judgement) highlights the need for urgent legislative reform in the field of preferential procurement. In this case the applicant (Sizabonke) sought, inter alia, a declaration that regulation 8 of… Read More: Preferential procurement: urgent legislative reform required »