Tag: Gary Moore
Expropriation Bill unconstitutional in the absence of a constitutional amendment
The 1975 Expropriation Act authorises the Minister of Public Works to expropriate property for public purposes, and provides for the payment of compensation to the dispossessed owner, not exceeding the property’s market price, determined either by agreement between government and the owner, or by a court.
New small enterprise bill will discourage dealings with SMMEs
The Minister of Small Business Development has been parading a draft National Small Enterprise Amendment Bill. The period for allowing interested parties to submit comments about the draft Bill to the department has just ended. This ill-considered proposal would authorise officials to break contracts deemed 'unfair', no doubt causing commercial uncertainty and thereby discouraging larger businesses from contracting with small enterprises. The Bill defeats its own purpose.
The pending Sports Bill would violate the Rule of Law
The National Sport and Recreation Act, 1998, calls itself a statute for the promotion and development of sport. This year’s threatened draft changes would violate the Rule of Law just as the Act’s 2007 amendments do. The 2007 amending statute’s preamble declares that sport belongs 'to the nation'. Its administration, though, is been 'entrusted' to sport bodies.
Draft ‘Bank Resolution’ Bill is vague and violates the ‘rule of...
The draft Bill aimed at shoring up struggling banks violates the 'rule of law' by authorising unequal treatment without identifying objective differences to justify it. In addition, in dispensing with equal treatment merely because someone at the SA Reserve Bank, without objective criteria, determines that such action is necessary.
African judges defend Rule of Law
Southern African tribunal and national courts uphold rights of Zimbabwe’s expropriated white farmers to receive compensation.



























