Anri Heyns | University of Pretoria (original) (raw)
Papers by Anri Heyns
Faculty of Law, 2020
I am tremendously grateful for the guidance, dedication and never-ending optimism and energy of m... more I am tremendously grateful for the guidance, dedication and never-ending optimism and energy of my supervisor, Professor Hanri Mostert. Her support extended far beyond the completion of my thesis. Family and friends provided a soundboard for the frustrations and jubilations forming part of the PhD journey. Thank you for listening and never doubting in my ability to complete this project. My baby boy, Philip, showed an incredible amount of patience (for his age) and generously shared his mom's attention with a PhD thesiswith the help of two grandmas, Minda and Annalie, and nanny Concilia. And lastly, my husband, Johan: Without his encouragement, support and unwavering faith in my abilities, finalising this project would have been impossible.
The Mineral and Petroleum Resources Development Act (“MPRDA”) and the Broad-Based Socio-Economic ... more The Mineral and Petroleum Resources Development Act (“MPRDA”) and the Broad-Based Socio-Economic Empowerment Charter for the South African Mining and Minerals Industry (“Mining Charter”), created in terms of the MPRDA, aim to address the exploitative legacies of past discriminatory practices in the mining industry. Impoverished mining communities stand to benefit from empowerment under the Mining Charter in the form of mine community development – one of the elements that constitute a mining right holder's commitment under the Mining Charter. Despite this legislative intervention and the relative wealth generated by the extraction of mineral resources, poverty and conflict have become the stereotypical images associated with mining areas. This project aims to determine why the empowerment of mining communities through mine community development perpetuates poverty from the past and creates new inequalities. To answer this main question, it is considered how the historical contex...
Potchefstroom Electronic Law Journal, 2017
The article critically evaluates the decision of the Constitutional Court to resort to the amendm... more The article critically evaluates the decision of the Constitutional Court to resort to the amendment of the Alienation of Land Act in order to protect a vulnerable purchaser of property against homelessness. It is argued that the origins and purpose of the said Act should have been considered by the Constitutional Court. Such consideration shows that the Act protects against a specific vulnerability which an instalment sale purchaser faces and deals with the right to take transfer. This vulnerability is not necessarily homelessness and is it, therefore, questioned whether the Act can be applied to give effect to the section 26 of the Constitution. The article further argues that an alternative solution could have been to develop, in line with constitutional values, the common law provision which provides the trustee of the insolvent estate with the discretion to cancel a sale agreement pertaining to property sold but not yet transferred, as it is this provision which created the ris...
In this article I contemplate the possibility of a relationship between democracy and the democra... more In this article I contemplate the possibility of a relationship between democracy and the democracy to come experienced from within an inoperative community of law students. The reason for this contemplation is to ascertain to what extent law students can contribute to transformation or transformative constitutionalism as referred to by Karl Klare and Dennis Davis in their 2010 work. I investigate the radical and transcendental nature of human rights and democracy and their relationship with legal culture as a community of lawyers which also confirms the status quo and denies the radical nature of human rights and democracy. I argue that law students as an inoperative community can create human rights and democracy discourse which can promote transformation. I t goes without saying that the Constitution (1996), its supremacy, laudable ideals and the Bill of Rights feature prominently in what is taught to law students studying in post-1994 South Africa. 1 In contrast to the celebratory view of the Constitution presented to law students, it is, however, becoming quite clear that an increasing number of ordinary people are viewing the Constitution as a 1 This article is based on the paper with the same title delivered at the South African Law Teachers Conference on 14 January 2014 at the University of the Witwatersrand, as well as the author's LLM dissertation entitled "'n Tentatiewe gemeenskap en die demokrasie wat moet kom-'n regsfilosofiese ondersoek", November 2011, University of Pretoria. <upetd.up.ac.za/thesis/available/ etd-05252012-143540>. I wish to thank Prof Karin van Marle for her guidance, support and insight. I however take full responsibility for any errors.
In this article I contemplate the possibility of a relationship between democracy and the democra... more In this article I contemplate the possibility of a relationship between democracy and the democracy to come experienced from within an inoperative community of law students. The reason for this contemplation is to ascertain to what extent law students can contribute to transformation or transformative constitutionalism as referred to by Karl Klare and Dennis Davis in their 2010 work. I investigate the radical and transcendental nature of human rights and democracy and their relationship with legal culture as a community of lawyers which also confirms the status quo and denies the radical nature of human rights and democracy. I argue that law students as an inoperative community can create human rights and democracy discourse which can promote transformation.
Law and Development Review
In the postapartheid South African economic landscape, the idea of “empowerment” has been given s... more In the postapartheid South African economic landscape, the idea of “empowerment” has been given special meaning in the concept “black economic empowerment,” or BEE. BEE serves as a vehicle for the transformation of the South African economy in general by promoting, amongst other things, increased black ownership and management of businesses, skills development and rural community development. These empowerment aspirations are also pursued in the mining industry in terms of the Mining Charter. The development of mining communities is one of the main features of empowerment in the mining industry. An analysis of the various versions of the Mining Charter shows a certain progression in the approach to the empowerment and development of rural mining communities: There is an increased emphasis on the poverty still faced by these communities, years after the introduction of the first Mining Charter. The question is whether the increased emphasis will mean much for mining communities. This...
Law and Development Review
The legislative system that provides for the socio-economic development of mining communities in ... more The legislative system that provides for the socio-economic development of mining communities in South Africa has been under significant scrutiny in recent times. Various instances of conflict between mining communities and mining companies, of which the Marikana Massacre of 2012 is certainly the most noteworthy, show that mining communities expect mining companies to contribute more to the improvement of their living conditions. The relationship between mining communities and mining companies are exposed to the various socio-economic challenges that other sectors of the South African economy currently face. However, considering the legislative system in the mining industry specifically and in terms of a conceptual approach may show to the unique challenges the industry faces when it comes to mine community development. A conceptual approach requires asking whether the way in which the legislative system is framed and the rhetoric it promotes do not create expectations with mining c...
Faculty of Law, 2020
I am tremendously grateful for the guidance, dedication and never-ending optimism and energy of m... more I am tremendously grateful for the guidance, dedication and never-ending optimism and energy of my supervisor, Professor Hanri Mostert. Her support extended far beyond the completion of my thesis. Family and friends provided a soundboard for the frustrations and jubilations forming part of the PhD journey. Thank you for listening and never doubting in my ability to complete this project. My baby boy, Philip, showed an incredible amount of patience (for his age) and generously shared his mom's attention with a PhD thesiswith the help of two grandmas, Minda and Annalie, and nanny Concilia. And lastly, my husband, Johan: Without his encouragement, support and unwavering faith in my abilities, finalising this project would have been impossible.
The Mineral and Petroleum Resources Development Act (“MPRDA”) and the Broad-Based Socio-Economic ... more The Mineral and Petroleum Resources Development Act (“MPRDA”) and the Broad-Based Socio-Economic Empowerment Charter for the South African Mining and Minerals Industry (“Mining Charter”), created in terms of the MPRDA, aim to address the exploitative legacies of past discriminatory practices in the mining industry. Impoverished mining communities stand to benefit from empowerment under the Mining Charter in the form of mine community development – one of the elements that constitute a mining right holder's commitment under the Mining Charter. Despite this legislative intervention and the relative wealth generated by the extraction of mineral resources, poverty and conflict have become the stereotypical images associated with mining areas. This project aims to determine why the empowerment of mining communities through mine community development perpetuates poverty from the past and creates new inequalities. To answer this main question, it is considered how the historical contex...
Potchefstroom Electronic Law Journal, 2017
The article critically evaluates the decision of the Constitutional Court to resort to the amendm... more The article critically evaluates the decision of the Constitutional Court to resort to the amendment of the Alienation of Land Act in order to protect a vulnerable purchaser of property against homelessness. It is argued that the origins and purpose of the said Act should have been considered by the Constitutional Court. Such consideration shows that the Act protects against a specific vulnerability which an instalment sale purchaser faces and deals with the right to take transfer. This vulnerability is not necessarily homelessness and is it, therefore, questioned whether the Act can be applied to give effect to the section 26 of the Constitution. The article further argues that an alternative solution could have been to develop, in line with constitutional values, the common law provision which provides the trustee of the insolvent estate with the discretion to cancel a sale agreement pertaining to property sold but not yet transferred, as it is this provision which created the ris...
In this article I contemplate the possibility of a relationship between democracy and the democra... more In this article I contemplate the possibility of a relationship between democracy and the democracy to come experienced from within an inoperative community of law students. The reason for this contemplation is to ascertain to what extent law students can contribute to transformation or transformative constitutionalism as referred to by Karl Klare and Dennis Davis in their 2010 work. I investigate the radical and transcendental nature of human rights and democracy and their relationship with legal culture as a community of lawyers which also confirms the status quo and denies the radical nature of human rights and democracy. I argue that law students as an inoperative community can create human rights and democracy discourse which can promote transformation. I t goes without saying that the Constitution (1996), its supremacy, laudable ideals and the Bill of Rights feature prominently in what is taught to law students studying in post-1994 South Africa. 1 In contrast to the celebratory view of the Constitution presented to law students, it is, however, becoming quite clear that an increasing number of ordinary people are viewing the Constitution as a 1 This article is based on the paper with the same title delivered at the South African Law Teachers Conference on 14 January 2014 at the University of the Witwatersrand, as well as the author's LLM dissertation entitled "'n Tentatiewe gemeenskap en die demokrasie wat moet kom-'n regsfilosofiese ondersoek", November 2011, University of Pretoria. <upetd.up.ac.za/thesis/available/ etd-05252012-143540>. I wish to thank Prof Karin van Marle for her guidance, support and insight. I however take full responsibility for any errors.
In this article I contemplate the possibility of a relationship between democracy and the democra... more In this article I contemplate the possibility of a relationship between democracy and the democracy to come experienced from within an inoperative community of law students. The reason for this contemplation is to ascertain to what extent law students can contribute to transformation or transformative constitutionalism as referred to by Karl Klare and Dennis Davis in their 2010 work. I investigate the radical and transcendental nature of human rights and democracy and their relationship with legal culture as a community of lawyers which also confirms the status quo and denies the radical nature of human rights and democracy. I argue that law students as an inoperative community can create human rights and democracy discourse which can promote transformation.
Law and Development Review
In the postapartheid South African economic landscape, the idea of “empowerment” has been given s... more In the postapartheid South African economic landscape, the idea of “empowerment” has been given special meaning in the concept “black economic empowerment,” or BEE. BEE serves as a vehicle for the transformation of the South African economy in general by promoting, amongst other things, increased black ownership and management of businesses, skills development and rural community development. These empowerment aspirations are also pursued in the mining industry in terms of the Mining Charter. The development of mining communities is one of the main features of empowerment in the mining industry. An analysis of the various versions of the Mining Charter shows a certain progression in the approach to the empowerment and development of rural mining communities: There is an increased emphasis on the poverty still faced by these communities, years after the introduction of the first Mining Charter. The question is whether the increased emphasis will mean much for mining communities. This...
Law and Development Review
The legislative system that provides for the socio-economic development of mining communities in ... more The legislative system that provides for the socio-economic development of mining communities in South Africa has been under significant scrutiny in recent times. Various instances of conflict between mining communities and mining companies, of which the Marikana Massacre of 2012 is certainly the most noteworthy, show that mining communities expect mining companies to contribute more to the improvement of their living conditions. The relationship between mining communities and mining companies are exposed to the various socio-economic challenges that other sectors of the South African economy currently face. However, considering the legislative system in the mining industry specifically and in terms of a conceptual approach may show to the unique challenges the industry faces when it comes to mine community development. A conceptual approach requires asking whether the way in which the legislative system is framed and the rhetoric it promotes do not create expectations with mining c...