Southern African Public Law

Southern African Public Law is an accredited journal and is published bi-annually. It aims to stimulate debate about public law issues and provides a forum for discussion and critical reflection on a variety of public law issues, from the theory and practice of human rights, to constitutional and administrative law, environmental law, regional government and land reforms. It publishes contributions in the fields of constitutional and administrative law, human rights, constitutional and statutory interpretation, public international law, legal and constitutional theory, environmental law, local government law and closely related fields. Southern African Public Law (SAPL) intends to provide space for deliberation to academics and intellectuals from the Southern African Development Community in the field of public law.


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Vol 31, No 1 (2016)

Open Access Open Access  Restricted Access Subscription Access

Table of Contents


Editorial note PDF
B Fagbayibo 1-2


Towards a Right to Democratic Governance in International Law PDF
Udoka Ndidiamaka Owie 3-31
The Articulation of an African Philosophy of Equality as Legacy of the South African Constitution PDF
Dunia Zongwe 32-53
The Role of the Right to Information in the Contestation of Power in South Africa’s Constitutional Democracy PDF
Fola Adeleke 54-72
A Constructive Interpretation of the Namibian Constitution: Transposing Dworkin to Namibia’s Constitutional Jurisprudence PDF
Kenneth Ferdie Mundia 73-90
Administrative Law: Indefinable, but Necessary and Very Much Alive PDF
Mirko Pecaric 91-113
The Evolution of the Constitutional Law Principle of the ‘Rule of Law’ in the South African Constitutional Court PDF
Nomthandazo Ntlama, Maropeng Norman Mpya 114-139
Invoking the Right to Human Dignity in the Context of Farm Workers: Liberating an Oppressed Group PDF
Mlungizi Tenza 140-156
Rule of Law, the Mandament van Spolie and the Missed Opportunity: Some Thoughts Arising from Ngqukumba v Minister of Safety and Security PDF
Thulani Nkosi 157-177
Inmates’ Right to Adequate Nutrition in South Africa: Is the Enforcement of this Right Constitutional? PDF
Thembinkosi W Maseko 178-188
Land matters and Rural Development: 2016 (1) PDF
Juanita Pienaar, Ebrezia Johnson, Willemien du Plessis, Nic Olivier 189-231
A Brief Note on the Primacy of the Constitution in the Common Law’s Development: DE v RH [2015] ZACC 18 / 2015 (5) SA 83 (CC) / 2015 (9) BCLR 1003 (CC) PDF
Emile Zitzke 232-239
Ascertainment of Customary Law: Case Note on MM v MN PDF
Fatima Osman 240-246