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This issue of the Potchefstroom Electronic Law Journal (PELJ) is entirely dedicated to the concept of good governance. It is the outcome of the first Summer/Winter school on Good Governance which was held at North-West University, Potchefstroom (SA) in January 2006 and at Tilburg University, Tilburg (NL) in January 2007. This Summer/Winter school has now become a yearly event with a bi-annual theme. Academic staff from both universities collaborate in teaching this course. Students from the two universities who participate in the Summer/Winter school have the unique possibility to deepen their knowledge on a particular subject while enjoying a cross-cultural learning environment. The subject of good governance was not selected by chance but was chosen because of its impact in many fields and the many ways in which the concept is used. It was time for a deeper insight into this multiple role of the concept of good governance. The contributions to this journal are the analytical outcome of the research done in preparation for the lectures given during the Summer/Winter school. As the contributions directly apply the good governance concept to various specific fields of expertise, this introduction will be used to give a short reflection on the concept as such.

On 1 August 2000 the Rental Housing Act 50 of 1999 came into operation. This is a typical example of an act which attempts to, in conjunction with the private sector, provide for third generation fundamental rights. This note concentrates on the influence of the act on the contractual aspects of the rental agreement. Sections 4 and 5 have a direct influence on the relationship between the landlord and tenant. In particular matters like unfair discrimination and the right to privacy are addressed. Certain rights are afforded to third parties namely the members of the tenant’s household and bona fide visitors. Important aspects are inter alia the right to have the agreement reduced to writing and the provisions which are deemed to be contained in the agreement. This includes, amongst others, the right to receive receipts, certain information, payment of a deposit, interest on the deposit and the inspection of the property. The conclusion is made that the act is a welcome replacement of the Rent Control Act. There are however certain practicalities which could jeopordise the success of the act. It is unlikely that the provinces have the capacity to implement the act. The protection provided by the act to the lower income groups may not materialise as they often do not know their rights and would often rather suffer the bad living conditions than risking the possibility of loosing it altogther by complaining.

LLM (Perspectives on Law), North-West University, Potchefstroom Campus Mediation is well-established as a way in which parties settle disputes worldwide. Although mediation has not grown in South Africa to the extent that it has in countries like Australia and the United States of America, the potential for growth is immense. One of the crucial elements of mediation is confidentiality and the promise of confidentiality is offered to all parties involved in mediation. Confidentiality should be an integral part of mediation but many questions still remain as to exactly how, and to what extent it should be applied during mediation. Those are the issues this study aims to address. It strives to provide a legal analysis of confidentiality in mediation (or mediation confidentiality—the two terms are used interchangeably in this study). In order to do provide a legal analysis, the elements of mediation as well as the nature and scope of mediation are discussed. Particular emphasis is placed on confidentiality and a study of the legal sources of mediation was undertaken in an attempt to fully grasp the legal position of confidentiality in mediation. The agreement to mediate (the contract) is used as the starting point and the common law aspects of the without prejudice principle and legal professional privilege are also discussed. The application of these principles, the role of public policy and the interests of justice are considered. The exceptions to the application of these principles with regard to mediation confidentiality are also studied and expounded upon in this study. Additionally, existing legislation with regard to confidentiality in mediation is also explored in order to provide more clarity. The study proposes that South Africa, as a country which is still very much finding its way with regard to mediation confidentiality, can learn from countries such as the United States of America and Australia. The insight gained from this study can help to craft a satisfactory manner in which to deal with mediation confidentiality in South Africa. Since there is a great deal of uncertainty regarding the legal position of confidentiality in mediation in South Africa, the study also considers mediation confidentiality in other spheres such as the state of California (United States of America) and the state of New South Wales (Australia). In California a very strict, narrow and literal approach to mediation confidentially is followed, while in New South Wales a more balanced approach is followed. Hopefully this study will be instrumental in assisting to offer a meaningful legal analysis of mediation. Masters

PhD (Law), North-West University, Potchefstroom Campus, 2017 Satisfying the need for goods and services from external parties is an inevitable requirement for any organisation, public and private. For public bodies, this is an undertaking vastly different from its counterpart in the private sector. The freedom in private procurement allows flexibility in the objectives, systems and decisions, limited only by the confines of good corporate governance. With few exceptions, cost-effectiveness can be argued to be the primary objective of all private-sector procurement. While cost-effectiveness could lay claim to being a fundamental objective in public sector procurement, a claim to its primacy is not sustainable. South Africa's constitutional recognition that cost-effectiveness is a requirement of the public procurement system is tempered by four co-requirements and entrenched preferential provisions ensure that the broader constitutional goal of substantive equality is reserved a place among the objectives of the procurement system. The requirement of cost-effectiveness was chosen as the focus of the study because - despite its fundamental nature and intuitive appeal – it is the requirement that has received little in the way of principles-based attention in the legal context. The definitional cost-to-outcomes assessment or decisions to award to the highest scoring tender accord with case-specific judicial interpretation, but fall short of establishing principles for its application in a system of procurement regulation. This principles-based study approaches the question of cost-effectiveness in the balance of constitutional requirements by developing an understanding of the structure of systems that underlie the operation of the envisaged constitutional procurement system. A full understanding of the meaning of the cost-effectiveness, requirements for decisions to be cost-effective and the legal requirements for such decisions are all pre-requisites to establish the principles for a cost-effective system. This study undertakes such an enquiry by developing a model for cost-effective decision making and uses this model to into investigate the interaction between cost-effectiveness and the other constitutional requirements of the system. A regulatory system for public procurement is a complex set of rules, rules about rules, principles and standards. How such a system gives effect to a requirement such as cost-effectiveness can only be judged by the way it compels the design of lower order systems of decision-making to meet such a requirement within the balance of other requirements. This study addresses the question of what tests may exist for a system's cost-effectiveness by establishing a structure of generic decision sub-processes for the procurement phase to identify properties of a system that would compel cost-effective decision-making in the lower order systems. With the model for cost-effective decision making, this study then attempts to answer the question of how the mechanisms of the South African regulatory system give effect to cost-effectiveness in the procurement phase. The system's conformance with the principles and models developed may be useful for identifying areas of regulatory strengths and weaknesses but cannot constructively provide solutions for improvement. The study addresses this constructive element by using comparative analysis techniques with a comparator regulatory system, that of the United Kingdom, to provide constructive prototypes for recommendations. The study is conducted in two parts. The model for the constitutional system and the models for the application of legal requirements for cost-effective decision-making within a procurement system are developed in the first part to provide the theoretical basis. The second part applies these theoretical models to decision-making specific to the procurement phase of the regulatory life-cycle. This provides a framework for analysis of the live South African regulatory system and the comparator UK system to test the practical application of the theoretical model for cost-effectiveness toward understanding the effects of regulatory mechanisms employed and to develop recommendations for the South African regulatory system. The law is stated, as far as possible, as at 30 November 2016 Doctoral

LLM (Import and Export Law), North-West University, Potchefstroom Campus, 2016 The absence of a harmonised legal regime that regulates the liability for loss or damage to cargo in the multimodal carriage of goods has been an international problem for quite some time. Like many other international and regional economic communities, SADC, COMESA and CEMAC have all tried to solve this problem by designing regulations of their own with the intention of regulating multimodal transport in their respective regions. It is these efforts at harmonisation that form the subject matter of this treatise. This research is an exploration into the regulation of multi modal transport with specific reference to liability for loss or damage to cargo in African multimodal transport as provided for in the SADC Protocol on Transport, Communication and Meteorology, the COMESA Charter and its attendant protocols and the CEMAC Interstate Multimodal Cargo Transport Convention. This paper thoroughly reviews the literature written on the selected treaties and this includes published and unpublished government reports, preparatory documents, books, journals and case law. The treaties are described and analysed in order to determine the manner in which they regulate liability for loss or damage to cargo in multimodal transport agreements if they do so at all. This research scrutinises the form and structure of each of the selected instruments in order to establish the extent to which they work together to form a truly harmonised regulatory regime in multimodal transport in Africa. Finally, this study utilises all the data it acquires on the regional treaties it focuses on to recommend the best method through which multimodal transport law, particularly on liability for or damage of cargo, may be harmonised in Africa. Masters

Thesis (LL.M. (Import and Export Law))--North-West University, Potchefstroom Campus, 2012. Masters