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University of the Basque Country, Euskal Herriko Unibertsitatea

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Papers by Lefa ntsoane

Journal of African Law, Feb 26, 2024

Journal of African elections, Oct 2, 2018

This study examines the concept of public participation and the dispute resolution mechanisms tha... more This study examines the concept of public participation and the dispute resolution mechanisms that can be utilised to resolve electoral disputes and conflicts at the level of local government in South Africa. The study stems largely from community-based participatory action research, also referred to as café conversations. This research project was conducted in Moutse, Wards 5 and 6 of the Ephraim Mogale Local Municipality, a category B municipality that is the smallest of the four municipalities in the Sekhukhune district. It is a cross-border district that extends across the north west of Mpumalanga and the southern part of Limpopo. Sekhukhune is 94% rural and 5.3% urban and approximately 50% of the population are under the age of 18. Moutse comprises four villages: Mamaneng-Matatadimeng, Ga-Matlala Ramoshebo, Mokgwaneng and Tshikannosi. Research data collected in the form of community dialogues are used in this article together with relevant journal articles, books and media reports on the same subject. The aim of the article is to explore the importance of public participation by community members in the affairs of their community. The article argues that enhanced public participation can properly facilitate members of the community to take part in the resolution of disputes and conflicts in their community. The findings of the research are that public participation remains an important element of a democracy, and that the public at all times wants to be involved in making decisions that affect their rights.

Potchefstroom Electronic Law Journal, 2018

Many people do not own immovable property to offer as security but do have movable property which... more Many people do not own immovable property to offer as security but do have movable property which can be offered as security for the repayment of a debt. In today’s world where the costs of a motor car can exceed that of a house, the increasing value of movable things makes it a popular and appropriate security object. Under the common law pledge, delivery of the movable property from the pledgor (debtor) to the pledgee (creditor) has to take place in order for the pledgee to acquire a real security right in the property. Delivery of the property is aimed at ensuring compliance with the publicity principle. The principle of publicity entails that the existence of a real security must be known to the public. With the aim to promote commerce, certain countries have taken the initiative in reforming their laws on pledge to allow the debtor to retain possession of the movable property that serves as security. Furthermore, technology has advanced to a level where national registration sy...

Journal of Law, Society and Development

African kingdoms have existed for centuries predating colonialism and continue to be significant ... more African kingdoms have existed for centuries predating colonialism and continue to be significant despite assertions that they are autocracies. These claims stem from the fact that kings do not ascend to power through Western democratic means such as elections. Democracy, however, exists in African kingdoms, because communities are afforded opportunities to participate in decision-making. Furthermore, African kingships are often accused of patriarchy since women are not always allowed to ascend to royal thrones. This critique of African kingships is rather hypocritical, because Europe is the bedrock of patriarchy, but this is ignored when accusations are levelled at African kingdoms. The biggest problem that kingdoms in South Africa experience today is that they do not enjoy the separate and independent identity that they enjoyed in the past since they are now subject to the Constitution as the supreme law of the land. This state of affairs is problematic as it denies South Africa a ...

Obiter, 2017

The availability of the mandament van spolie in cases where a statutory provision provides for de... more The availability of the mandament van spolie in cases where a statutory provision provides for despoilment has been dealt with in a recent Constitutional Court judgment, handed down on 15 May 2014 (Ngqukumba v Minister of Safety and Security 2014 (5) SA 112 (CC)). In this case the Court had to decide on the question whether the mandament van spolie, as a common-law remedy aimed to restore lost possession, can be granted by the Court despite the fact that section 68(6)(b) of the National Road Traffic Act 93 of 1996 prohibits possession “without lawful cause” of a motor vehicle of which the engine or chassis number has been falsified or mutilated. The question was answered in the affirmative. The Court held that the mandament van spolie can be granted, despite the prohibition against the return of the vehicle as provided for by the Traffic Act. This is also the case despite the fact that section 31(1)(a) of the Criminal Procedure Act 51 of 1977 provides for almost the same relief as t...