Single title

Constitution and Law IV: Developments in the Contemporary Constitutional State

2–3 November 2000, Faculty of Law, Potchefstroom University for Christian Higher Education

Report on the proceedings of a conference conducted in conjunction with Potchefstroom University for Christian Higher Education on Development in the Contemporary Constitutional State - which is a broad theme, though also focused within the ambit of legal scholarship and practice. The focus involved the two most topical issues in contemporary South Africa: the need for development and the development of constitutionalism. The conference addressed the theme in four sessions:The significance of constitutional values Urban and rural land planning and development Environmental law implications of mining The limitation of export risks

Table of Contents

Introduction

Prof. Francois Venter, Director, Research Focus Area: Development in the South African Constitutional State, Potchefstroom University for Christian Higher Education (PU for CHE)

Welcoming Remarks

Dr Michael Lange, Resident Representative, Konrad Adenauer Foundation, Johannesburg

THE SIGNIFICANCE OF CONSTITUTIONAL VALUES

The Significance of Constitutional Values

Prof. Hiroshi Nishihara, Waseda University, Tokyo, Japan

Values, Values, Values or Mere Words, Words, Words?Values in the 1996 Constitution

Prof. Dawid van Wyk, University of South Africa (Unisa)

Human Dignity – Our Supreme Constitutional Value

Nazeem Goolam, Senior Lecturer, Department of Public Law, Vista University

Utilising Constitutional Values in Constitutional Comparison

Prof. Francois Venter, Director, Research Focus Area: Development in the South African Constitutional State, Potchefstroom University for Christian Higher Education (PU for CHE)

URBAN AND RURAL LAND PLANNING AND DEVELOPMENT

Regulating Land Use: The Role of Private Law

Prof. Kenneth Reid, University of Edinburgh

Dancing With Codes: Protecting, Developing. Limiting and Deconstructing Property Rights in the Constitutional State

Prof. André van der Walt, Department of Public Law, Stellenbosch

The Registration of Fragmented Use-Rights as a Developmental Tool in Rural Areas

Prof. Gerrit Pienaar, PU for CHE

Post-1994 Rural Development Measures: Current Issues

Prof. Juanita Pienaar, University of Stellenbosch and

Ms Deborah Balatseng, Uniwest

ENVIRONMENTAL LAW IMPLICATIONS OF MINING

The SAVEing of Sigma

Kate Farina, Environmental Legal Advisor, Sasol, South Africa

The Potential Impact of the National Environmental Management Act on the South African Mining Industry

Dr John Kilani, Environmental Adviser, South African Chamber of Mines

Impact of Environmental Legislation on Mining in South Africa

Mmagadi Mabiletsa, University of the North and

Prof. Willemien du Plessis, PU for CHE

A JUDICIAL PERSPECTIVE

Constitutional Development of the Common Law

Justice Deon van Zyl, Cape Provincial Division of the High Court

THE LIMITATION OF EXPORT RISKS

Interaction Between International and Regional Trade Treaties

Adv. Sieg Eiselen, Johannesburg Bar

Protecting the Exporter: Contractual Measures to Reduce the Risk of Non-Performance

Elizabeth Snyman, University of the Free State

Trading in Terms of the SADC Trade Protocol

Prof. Engela Schlemmer, Rand Afrikaans University