OpenUCT :: Browsing by Author "Davis, Dennis"

Browsing by Author "Davis, Dennis"

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Open Access
A question on whether competition authorities are the appropriate place to consider public interest considerations in the assessment of mergers in competition law?
(2021) Dlukulu, Babalwa Lumka; Davis, Dennis
This Dissertation examines the question of whether competition authorities are the appropriate place to consider public interest considerations in the assessment of mergers in competition law. The Dissertation does this by looking at the South African merger review process in the Competition Act, 1998 in comparison to other more developed economic jurisdiction such as the United Kingdom and the United States of America in examining the tension and criticism around the incorporation and balancing of public interest considerations and core economic consideration under the same competition law merger review process and competition authority. The South African merger review provisions as well as watershed cases such as the Wal-Mart Stores Inc and Massmart Holdings Ltd case, are considered. The Dissertation establishes that the concerns are legitimate around the potential muddying of the competition analysis with public interest considerations. Some of the concerns which arise include that: a) public interest considerations can be broad thereby creating sense of uncertainty for both parties to a merger, as well as prospective investors; b) public interest traverses areas concerning other stakeholders such as government or organised groups such as labour or business, thereby creating opportunity for interference, whether political or otherwise in the work of competition authorities; c) can increase the time spent in merger review because of the challenges in the types of evidence required to prove public interest impact; d) and/ or that competition authority officials may lack capacity and expertise to consider the public interest consideration. The Dissertation concludes that notwithstanding, the South African approach in incorporating public interest into the merger review process is legitimated by the unique socio-economic history of South Africa, and that the concerns raised are sufficiently mitigated and a delicate balance struck between core economic considerations and public interest in merger review. Competition Authorities are capable of balancing core competition concerns and public interest considerations, provided that Competition Authorities are independent; steps are taken to clarify the scope of the public interest concerns; public interest considerations are looked at within a limited scope of merger specificity; and further clarity and transparency is provided through open and transparent hearings and guidelines, amongst other features.
Open Access
Assessing Exclusionary Conduct in Abuse of Dominance: the relevance of the Extraterritoriality Rule and Public Interest for Developing Countries
(2009) Adeleke, Olufolahan; Davis, Dennis
Competition Law is governed by empowering legislation. Legislation in most developing and third world economies are mostly fashioned after the existing framework of legislation originating from the European Union (EU) or the United States of America (USA). While a lot of these pieces of legislation are often modified to suit the needs of these developing countries, it is usually not the case that a cautious approach is taken to ensure that imported legislation is designed to meet the specific national challenges of such a country. The Courts in most jurisdictions especially in the USA and the EU have attempted to deal with the lapse in competition legislations by giving landmark decisions on significant issues like dominant firms and their unilateral exclusionary behaviors. The big question to consider in this dissertation is how competition laws should apply to dominant firms. This question has raised much interest in recent years. Aside from establishing which firms have substantial market power that can harm competition, there have been difficulties in distinguishing competition on the merits from mere anticompetitive conduct. This is more obvious in the case of unilateral exclusionary behaviors and will be the central focus in this dissertation.
Open Access
The balancing of creditor interests in business rescue provisions of the Companies Act 2008
(2017) Buba, Zolani P; Davis, Dennis
The integrated global economy has presented challenges as well as opportunities for companies and their surrounding communities. This has resulted in many jurisdictions having to re-evaluate the question of company failure and how best to deal with it. The South African context has seen the enactment of a new Companies Act, ushering in a rescue regime which evidences a significant departure from its predecessor; judicial management. Contained within Chapter 6 of the Companies Act of 2008, business rescue adopts a fresh approach to company resuscitation. With relatively easy access to the procedure, business rescue caters for the restructure of the business, debt or its equity to ensure either a return to solvency or a better return to creditors than in liquidation. The new regime is further underpinned by the 2008 Act purpose provision, which envisages an efficient business rescue procedure and further mandates that the resolution of financial distress be conducted in a manner that balances the rights and interests of all relevant stakeholders. It is in this light, that this study explores the interplay between section 7(k) and Chapter 6 of the new Act. Specifically, the work sets out to critique the manner in which our new business rescue regime balances competing stakeholder interests in its provisions and investigates whether current provisions provide an adequate framework for this to be done in a manner that enhances the regime's ability to return a financially distressed company to a position of solvency, as a primary objective. After discussing the previous judicial management regime and exploring the mechanics of Chapter 6, a comparative study of similar procedures in the United Kingdom and the United States is undertaken. The study further identifies a number of weaknesses and makes recommendation for improvement.
Open Access
Capital Gains Tax-Capita Selecta on capital losses
(2001) Broekmann, Trudie; Davis, Dennis
The taxation of capital gains was introduced into the South African taxation law with the promulgation of the Taxation Laws Amendment Act, No. 5 of 2001
Open Access
A comparative analysis of the concept of fiscal jurisdiction in income tax law
(2002) Ketchemin, Eric P; Davis, Dennis
The purpose of this dissertation is to analyse the definitional rules of fiscal jurisdiction as well as the tax consequences resulting from the application of these rules, as implemented in the national tax law of the chosen jurisdictions. In essence, there are two main rules, which give content to the chosen theory of fiscal jurisdiction, mainly source and residence. It is trite that globalisation of the world's economies poses certain problems for international tax policy. Companies and individuals are becoming more mobile and therefore are able to exploit tax differences between states. In consideration of the natural concern of governments that they should get an acceptable share of the profits generated by international businesses, this research study analyses the bases through which a country could claim the right to tax. The plasticity of these two key concepts (source and residence) may well subvert a country's ultimate tax objective because of the potential for exploitation of ambiguity in the search for effective avoidance. The residence tax system and its implications have been analysed mainly from the South African perspective, and where necessary, the analysis has sought reference in other jurisdictions such as the United Kingdom and the United States. The source principle of taxation and its effects have also been studied from the South African context, with a comparative approach from Hong Kong. It has been found that the countries considered in this research have, in various ways, adopted different combinations of subjective factors for tax liability in their domestic tax laws. At the same time, the relentless search of additional tax revenue, has led countries to implement in their tax laws, stringent anti-avoidance measures designed to prevent the deferral of tax, for instance on foreign source income. Factors such as the increasing complexity of modem business and the greater sophistication of tax planning techniques have contributed to this state of affairs. Thus, this dissertation highlights that competition between governments, in the face of international economic integrity, may lead countries to adopt tax rules, which though they follow the usual international standards, are nevertheless very complex in application and administration. This can maintain the problem of international double taxation and lead to excessive or unpredictable compliance burdens. It is shown how countries in the exercise of their fiscal jurisdiction can move towards harmonisation of rules and common interpretation of the tax base in the application of their national tax legislation.
Open Access
The Competition Commission's non-referral of exclusivity clauses in the shopping centre lease context: a monumental misjudgement - A Section 5(1) analysis of anticompetitiveness
(2015) Blumenthal, Roxanne; Davis, Dennis
This paper focuses on the common practice in commercial agreements of including exclusivity clauses in shopping centre lease agreements between a supermarket anchor tenant and the landlord of a shopping centre. It is the contention of this paper that such clause s are anticompetitive when considered specifically in light of section 5(1) of the South African Competition Act. In reaching this conclusion, relevant sect ions of the Act will be interpreted and analysed in the pertinent context, as will relevant case law and comparable foreign jurisprudence. The findings of South Africa's Competition Commission in 2013 with regard to the competitive nature of exclusivity clauses in the context of section 5(1), and the basis for their findings will be scrutinised. A conclusion , warranted and supported by the inferences drawn from an analysis of the aforementioned sources (legislation, case law and foreign jurisprudence), will be reached accordingly in support of a stance of resistance against exclusivity clauses in shopping centre leases between landlord and supermarkets . An argument in favour of a blanket prohibition of exclusivity clauses in shopping centre leases due to their anticompetitive nature that outweighs their efficiencies and justifications according to section 5(1) of the Act, is the predominant direction of this paper.
Open Access
Competition law : the legal precedent of the Wal-Mart case on competition law development in Namibia
(2014) Nghishitende, Kaulikalelwa N; Davis, Dennis
This dissertation paper is based on the decision of the Wal-Mart cases in respect to competition law, mergers and acquisition in Namibia. Owing to the fact that Namibian law is mostly derived from South African law, the exploration and analysis will be based on both Wal-Mart cases in Namibia and South Africa in respect of the subject matter with specific particularity on the significance of the court’s judgment to competition law development in Namibia. The paper will also contain an exposition of the High Court and Supreme Court’s judgment in Namibia as well as the judgment of the South African Court on the same subject respectively. This is aimed at providing an in-depth understanding of the approaches taken by the two courts with respect to mergers and also to derive guidelines from the interpretation of the court in South Africa owing to the fact that the court in South Africa has successfully and efficiently dealt with the same issues many times compared to the Namibian courts. The guidelines that will be looked at will be based on how the courts in Namibia and South Africa have applied and interpreted the provisions within the Act pertaining to statutory granting or refusal of mergers in the sphere of competition law with specific reference to the question of public interest. An analysis on the respective judgments will be provided.
Open Access
Competition law's inclusion of public interest considerations in mergers and beyond: a potential paradox?
(2017) Meyer, Nicholas; Davis, Dennis
The inclusion of public interest considerations in competition law legislation has been controversial, dividing policy makers and economists alike. Debate has focused on the practical application of these public interest concerns when a merger is proposed, or when prohibited conduct is implicated. The uncertainty involved has had to be addressed by the competition authorities in recent years when dealing with high profile mergers and excessive pricing cases. This has necessitated development in somewhat unchartered legal terrain: the incorporation into competition policy of traditionally non-competition objectives. The traditional purpose of competition law has primarily been protecting and enhancing consumer welfare. Attempting to reconcile this objective with public interest considerations, which are now statutorily enshrined, presents significant challenges. However, South Africa's pressing economic redistributive justice needs provided compelling motivation for the legislature including public interest considerations in competition law, and authorities must remain cognizant of this. This paper critically considers whether it is appropriate for competition authorities to address welfare and public interest concerns, by analysing significant merger and prohibited conduct cases involving public interest considerations. A comparison into international approaches and trends in including public interest factors in competition control serves to provide global context. Furthermore, this paper interrogates the legitimacy of intervening in the public interest, whilst examining the tension between efficiency and equity.
Open Access
Corporate actions and the empowerment of non-shareholder constituencies
(2015) Mongalo, Tshepo Herbert; Davis, Dennis; Corder, Hugh
Corporate law developments concerning the empowerment of non-shareholder constituencies in Anglo-American jurisdictions of the United States of America and the United Kingdom since the 1980s have been of very limited utility. Available literature and legal authorities in both those jurisdictions clearly illustrate the obsession of policy makers and the judiciary with normative statements of directorial responsibilities to non-shareholder constituencies without introducing the necessary and complimentary right of action for those constituencies. The reluctance to introduce such right of action appears to be motivated by the exaggerated fear of the potential for 'floodgates' of litigation. This reluctance to extend corporate law remedies to non-shareholder constituencies, particularly in public companies, clearly overlooks the importance of the supervision of the use of corporate power to minimize or eradicate directorial self-serving misconduct, rather than the exclusive protection of shareholders, as the primary purpose of corporate law remedies. The introduction of an extended corporate legal enforcement framework under the South African Companies Act of 2008 may be indicative of the feasibility of the right of action for non-shareholder constituencies. Since the applicable enforcement regime in corporate law is a function of the applicable normative theory, a broadly inclusive corporate legal enforcement framework cannot be based on the conventional shareholder-oriented theories of 'Shareholder Primacy Norm and 'the Enlightened Shareholder Value Approach.' It is, therefore, argued that the South African Companies Act, 2008, introduces the Actionable Enlightened Shareholder Value Approach which invariably necessitates, among other things, the extended meaning of 'the best interests of the company' as provided for under s 76(3)(b) of the Act. The Actionable Enlightened Shareholder Value Approach recognises that the primary purpose of corporate law remedies is not the exclusive protection of shareholders, but the supervision of the use of corporate power to minimize or prohibit directorial self-serving misconduct, which purpose benefits a broad range of corporate constituencies. That is why the legal enforcement framework under the South African Companies Act facilitates the empowerment of corporate constituencies beyond just shareholders; ensures the availability of broad range of remedies; gives the opportunity for corporate constituencies to apply for remedies in the public interest, with leave of the court; recognises that the protection of the company's legal interests can be undertaken by a broad range of corporate constituencies and, also generally, with leave of the court; and facilitates the ability to hold any person liable for loss or damage suffered as a result of the contravention of any provision of the Act by that person.
Open Access
The criminalisation of cartel conduct in South Africa and the United Kingdom
(2013) Merdian, Markus; Kelly, Luke; Davis, Dennis
Preventing cartels from forming or detecting and punishing existing cartels should therefore be an important task in every country. This paper shows how South Africa and the United Kingdom deal with this task by introducing criminal sanctions into their competition law for individuals engaging in cartel conduct. As the criminal law is the ultima ratio of a constitutional state, its introduction into competition law needs some justification. In the context of competition law, criminal law is not designed to punish the offender retrospectively but to deter people from cartel conduct according to the utilitarian approach.
Open Access
A critical analysis of the implementation of the 'pay now, argue later' principle by SARS as provided by section 164 of the Tax Administration Act 28 of 2011; and, Limitation of interest deduction in South Africa: a suggested approach to the application of sections 31 and 23M of the Income Tax Act 58 of 1962 to debt and equity business financing methods
(2017) Tseisi, Hulisani; Davis, Dennis
A critical analysis of the implementation of the 'pay now, argue later' principle by SARS as provided by section 164 of the Tax Administration Act 28 of 2011: Abstract: The 'Pay Now, Argue Later' principle applies in income tax or value-added tax collection procedure after the South African Revenue Services has concluded an assessment in terms of the Tax Administration Act 28 of 2011 and found that an amount of tax is due and payable by the taxpayer. In terms of the 'pay now, argue later' principle, the taxpayer has to pay the assessed amount before being accorded an opportunity to raise any objections. The purpose of this paper is, to do an in-depth evaluation of the implications of the implementation of the 'pay now, argue later' principle by SARS. The implementation of the principle will be evaluated to determine if it is unjust, inequitable or unreasonable. In addition to the latter evaluation, the principle's shortfalls will be highlighted with the inclusion of a brief legal position in other countries. The paper acknowledges the existence of the principle, although the implementation thereof by SARS remains questionable and a source of controversy. The paper ultimately concludes that the 'pay now, argue later' principle, though constitutionally validated to a certain extent need to be revised. A balance has to be struck between the taxpayer's rights, public interest and SARS' powers in implementing the principle. A recommendation is therefore made to place the implementation thereof in the Tax Ombud in view of UK's Taxes Management Act where Commissioners resolve such disputes between taxpayers and the Inland Revenue Authority. ******************************************* Limitation of interest deduction in South Africa: a suggested approach to the application of sections 31 and 23M of the Income Tax Act 58 of 1962 to debt and equity business financing methods. Abstract: The South African income tax system acknowledges the financing of resident companies by a related non-resident company through the use of debt and equity. However, the use of debt financing method is a cause for concern to the South African Revenue Services as it results in the base erosion and profit shifting of taxable profits through mispricing and excessive interest deductions. Section 31 and 23M were inserted into the South African Income Tax Act 58 of 1962 to address excessive debt levels and interest deductions. The objective of this paper is to analyse the rationale behind the use of debt and equity financing methods. This paper will also discuss the application of both s 31 and s 23M. Due to the close connection of s 31 and s 23M to debt transactions, an approach on how the two sections can be applied is suggested. This paper finds that the provisions of both s 31 and s 23M are applicable to the same set of facts. The paper also finds that s 31 provisions are applied to determine if a company has excessive debts taking into account the arm's length principle while s 23M provisions are applied to limit interest deductions. The paper suggests that the legislature should provide guidance on the interplay of the two provisions and in the absence of any guidance, the provisions of s 31 should be applied first followed by the provisions of s 23M.
Open Access
A critique on the investigation and adjudication powers of the Fair Competition Commission and finality clause of the Fair Competition Tribunal in Tanzania: a reflection from Jamaican and South African competition law
(2014) Prosper, Edward Kisioki; Kelly, Luke; Davis, Dennis
In 2003, Tanzania enacted the new Fair Competition Act which aimed at improving competition in the market. The Fair Competition Act, No 8 of 2003 (FCA) regulates agreements which lessen or weaken competition, cartel conduct, abuse of dominant position, and it also controls the merging of firms. The Act established two regulatory bodies, namely the Fair Competition Commission (FCC) and the Fair Competition Tribunal (FCT). It vested the FCC with multiple powers (investigation, prosecution and adjudication) and the FCT with a final appellate jurisdiction. While concentration of power in the FCC may be cost-saving to government, it is associated with problems on the side of stakeholders particularly on the question of impartiality, since the FCC is likely to be a judge of its own cause. Likewise, the Constitution of Tanzania provides that the judiciary be the final appellate body in administration of justice, but the FCA vested this power in the quasi-judicial body. The dissertation criticises the powers of the FCC and FCT. It comprises five chapters. Chapter one introduces the dissertation by giving the background of competition law in Tanzania, the statement of the problem, research questions, reason for selection of the topic and research methodology.
Open Access
Developing a suitable competition law and policy for developing countries: a case study of Tanzania
(2014) Musiba, Ephraim; Davis, Dennis
This dissertation aims to examine one major issue: namely, the most appropriate competition law for developing countries from the perspective of ‘looking from the inside out’.1 Reference is made particularly to Tanzania, with a close evaluation of its Fair Competition Act, 2003 and some case law, so as to assess the efficiency and effectiveness of competition policy and law within its Tanzanian context. This involves taking into consideration the inherent characteristics of the Tanzanian economy since it is necessary that Tanzania have a competition law that reflects and addresses its particular needs. So the basis of this dissertation is to analyse the efficacy of the Fair Competition Act to deal with the specific requirements of Tanzanian society; and if the result is found to be in the negative, then the dissertation goes on to suggest what type of competition law model Tanzania should develop that will best suit the country’s needs.
Open Access
Do Supra-National Competition Authorities Resolve the Challenges of Cross Border Merger Regulation in Developing and Emerging Economies? The Case of the Common Market for Eastern and Southern Africa.
(2020) Mwemba, Willard; Davis, Dennis; Unterhalter, David
The case for cross-border merger control and the need for a supranational merger control system has been debated upon and several scholars have written extensively on the subject. What is immediately evident from literature is that it is not easy to regulate such mergers because of the challenges encountered. The challenges are pronounced in developing and emerging economies (DEEs) as arguably they have less experience in the enforcement of merger laws and lack adequate resources for such an exercise. Other challenges identified from publicly available information are the lack of extra territorial application of national competition laws to conduct taking place outside their borders, limited skills and expertise and poor cooperation and coordination arrangements among the jurisdictions involved. Further cross-border merger regulation presents challenges to merging parties too due to their exposure to different national competition laws. The dissertation focuses on whether supra-national competition authorities address the challenges of cross-border merger regulation in DEEs. However, there are a number of supranational competition authorities established by DEEs that generalising the study would be an unrealistic and impractical task to undertake. In view of this, the Common Market for Eastern and Southern Africa (COMESA) was selected as a sample because it is the regional economic community that has recently established a fully operational supra-national competition authority to regulate inter alia, cross border mergers. Further, all COMESA Member States are DEEs which provides to a greater degree a relatively uniform sample.
Open Access
The Gap Between Constitutional Text and Social Practice: The Role of the Press
(Juta Law, 2008) Davis, Dennis
This year these awards take place at a crucial moment in the development of our constitutional democracy. Such a democracy can flourish only where there exists a basic, shared normative framework upon which the practice of a constitution can be built. Expressed bluntly, where a community cannot establish the most rudimentary of overlapping consensus as to basic values, there can be no long-term future for a constitutional community. If we, as the citizenry, cannot agree about a core meaning of freedom, equality, dignity, democracy, accountability, transparency and integrity, then our constitution will remain a text with no more significance than a document of historical curiosity. John Rawls Political Liberalism (1993) understood this requirement well: he sought not the creation of firm agreements on a comprehensive conception of the good. Rather, he insisted that without agreement on a core set of principles of justice, liberal democracy was not possible.
Open Access
The general anti-avoidance section: a comparative analysis of Section 80a of the South African Tncome Tax Act no. 58 of 1962 and Section 35 of the Tanzanian Income Tax Act no. 11 of 2004
(2015) Massaga, Salome; Davis, Dennis
The study will be based on a comparative analysis of the general antiavoidance section of the South African Income Tax Act no. 58 of 1962 and the Tanzanian Income Tax Act no. 11 of 2004. The focus is on how the two provisions are interpreted by showing the similarities and differences. The approach will be analytical and comparative, starting by showing the concept of tax avoidance and historical backgrounds of the two provisions.
Open Access
Independent contractors vs employees
(2005) Joubert, Francois Jacques; Davis, Dennis
A question that often arises is whether a particular person is an employee or an independent contractor, and what the obligations of the employer in such circumstances are. The Fourth Schedule to the Income Tax Act requires any employer who pays any amount by way of remuneration to its employees to deduct pay-as-you-earn (PAYE) in accordance with the tables released by the South African Revenue Services (SARS).
Open Access
The interface between the WTO and Competition Law - one size does not fit all-
(2013) Parmentier, Jan; Kelly, Luke; Davis, Dennis
With liberalization opening markets, the world is fast growing towards one global village. The downside of this trend is that cross-border practices have also been developed and unregulated sectors are causing damages, especially to the less developed victims that have yet to establish stronger domestic, economic and legal regimes¹
Open Access
Is South Africa's headquarter regime successful and does it go against national legislation? Are rewards from a customer loyalty programme capital or revenue in nature?
(2015) Mohamed, Ismail; Davis, Dennis
Research paper 1. (International tax) Is South Africa's headquarter regime successful and does it go against national legislation. This research paper discusses how South Africa has changed its legislation to become the Gateway of investment into Africa. It addresses the prior barriers previously faced by investors in South Africa and Africa as well as changes to legislation to accommodate this problem. The current criteria tin qualifying as a headquarter company is addressed in terms of Section 80 A of the Income Tax Act, which also addresses the draw backs and restrictions which as a result South Africa has not received any applications by companies in becoming a headquarter company. A comparison is drawn between South Africa's headquarter regime versus a well - known popular tax haven country namely Mauritius. A comparison is performed on both the qualification in becoming headquarter companies as well as the tax benefits thereto which encourage investment. From the comparison, it is clear that Mauritius provides a more favourable environment for the establishment of a headquarter regime based on the ease of qualification as a headquarter company, the corporate tax rate is low to none and it has no CGT, dividends withholding tax, and interest withholding tax, transfer pricing and thin capitalisation, exchange control and finally CFC rules. The advantage that South Africa has is that of their double tax agreements with Nigeria and Algeria. The research paper also addresses the extent to which headquarter regimes in South Africa are considered to be treaty shopping. OECD Glossary of Tax Terms defines treaty shopping as: "An analysis of tax treaty provisions to structure an international transaction or operation so as to take advantage of a particular tax treaty. The term is normally applied to a situation where a person not resident of either the treaty countries establishes an entity in one of the treaty countries in order to obtain treaty benefits." 1 It further addresses the impact that treaty shopping has on our general anti - avoidance legislation. Research paper 2 (Local tax) Is customer loyalty programmes capital or revenue of nature? The general gross income definition is defined as '... the total amount, in cash or otherwise, received by or accrued to in favour of such resident during such year or period of assessment, excluding receipts or accruals of a capital nature...' The research problem is extracted from the general gross income definition. The research problem is based on the fourth element of the general gross income definition, namely, whether the transaction is of revenue or a capital nature. In formulating an answer to our research problem, being the last element of the general gross income definition, we look at case law handling the test applied by courts on revenue versus capital applications. The test laid down, deals with the intention, duration, nature and frequency of the customer loyalty programme being of a revenue or capital nature. In terms of the general gross income definition, all elements except the last element, being, the transaction must be of a capital nature, are met. As all the elements of the general gross income definition are not met, the rewards from a customer loyalty programme should not be taxable in the hands of th e customer. However, capital gains tax consequences can be dealt with as the reward received as part of the customer loyalty programme is of a capital nature. If for some reason, SARS proves that a customer embarked in a customer loyalty programme as part of a scheme to make profits and therefore he should be taxed on the reward, the onus SARS having to collect monies from taxpayers would far exceed the monies received. And in most cases, majority of the active users of a customer loyalty programme would be below the submission of tax return threshold. With this said, we are assuming that due to the changes in economic climate the majority of the users would be from a low income background.
Open Access
The judiciary and government
(2014-09-23) Davis, Dennis; Le Roux, Michelle
This lecture series will be of interest to law students, legal practitioners and others in fields related to human rights, freedom of information and the reform and redistribution of land. Lecture series coordinated by Judge Dennis Davis, Judge of the High Court of South Africa & Michelle le Roux, Advocate of the High Court and Senior Visiting Fellow, Mandela Institute, Wits Law School. Tension between the elected government and the judiciary is common in constitutional democracies which feature the separation of powers between the judiciary, executive and legislature. However, in South Africa, concerns about excessive judicial intervention in politics and the unsuitability of our constitution to the social and economic developmental needs of the country have increasingly become more vocal. This lecture series will consider the role of the judiciary in our developing country as it strives to embed constitutional democracy. It will look at the dangers of judicial over- or under-reach and the possible threats to and opportunities for our constitutional model. Two panel discussions will focus on recent challenges related to land reform and information freedom respectively. LECTURE TITLES: *1. The good, bad and ugly: models of constitutional adjudication - Michelle le Roux; *2. How have we done? An examination of court success and failure through key cases - Judge Dennis Davis; *3. Panel on slow land reform and redistribution: the challenge to align the constitution - Mazibuko Jara (Law, Race & Gender Research Unit, UCT); *4. Panel on media and information freedoms under threat - Okyerebea Ampofo-Anti; *5. How concerned should we be about our constitutional health? - Judge Dennis Davis & Michelle le Roux.

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