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Browsing by Author "Klaaren, Jonathan"

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The administration of justice
(Juta, 2003) Klaaren, Jonathan; Marcus, Gilbert; Davis, Dennis
Overview and analysis of the year's legal developments in the field of administration of justice. Includes references to legislation, cases and journal articles.
The administration of justice
(Juta, 2002) Klaaren, Jonathan; Marcus, Gilbert; Davis, Dennis
The Immorality Amendment Act 2 criminalized prostitution in 1998. It did so by the insertion of s 20(1)(aA) into the principal Act, which it renamed the Sexual Offences Act 23 of 1957.
Chapter 2 of the Republic of South Africa Constitution Bill: A Comparison with the Interim Constitution
(Centre for Applied Legal Studies, 1996-07) Davis, Dennis M; Albertyn, Cathi; Birenbaum, Joana; Chaskalson, Matthew; Cooper, Carole; Dutton, Ian; Gutto, Shadrack; Johannessen, Lene; Klaaren, Jonathan; Mbatha, Likapha
Citizenship, xenophobic violence and law's dark side
(2010-02-08) Klaaren, Jonathan
This paper discusses xenophobic violence and the role of South African law.
Constitutional Authority to enforce the rights of Administrative Justice and access to Information
(Juta, 1997) Klaaren, Jonathan
Analysis of the constitutionality of two sections of the Bill of Rights.
Constitutional court statistics for the 1998 term
(Juta, 1999) Klaaren, Jonathan; Dagut, Helen; Mochaba, Khahliso; Phalane, Jack; Singh, Anushka
Descriptive statistics on the work of the Constitutional Court for the 1998 term.
Constitutional court statistics for the 2003 term
(Juta, 2004) Klaaren, Jonathan; Stein, Nikki; Madekurozwa, Bulewa Rudo; Xulu, Carolina Nomphumelelo
Descriptive statistics on the work of the Constitutional Court for the 2003 term.
Constitutional court statistics for the 2004 term
(2005) Klaaren, Jonathan; Stein, Nikki; Xulu, Carolina Nomphumelelo
Descriptive statistics on the work of the Constitutional Court for the 2004 term.
Data protection and borderless borders: the effect of the namibian data protection bill on transborder data flows
(University of the Witwatersrand, Johannesburg, 2022) Negonga, Paulina Nangula; Klaaren, Jonathan
Data is the sine qua non of the modern economy. The proliferation of digital industries has led to concerns about the misuse of personal data. The resultant risks have sparked ethical and legal concerns across the globe, prompting the adoption of data protection laws. The Namibian constitution guarantees the right to privacy in Article 13, but the country lacks a comprehensive data protection legal framework. The Namibian government issued a Data Protection Bill in 2013.This dissertation critically analyses sections 2 and 48 of the Data Protection Bill dealing with transborder data flows, by employing a two-part theme. In the first instance, the dissertation advocates for a holistic approach that strikes a balance between the individual’s right to privacy and the economic imperatives of transborder data flow. In the second instance, the dissertation investigates how to effectively govern transborder data flow with the continuous blurring of lines between physical and virtual worlds, where data transcends territorial borders with a simple click. The mainstream argument for regulating transborder data flow is that if there are no restrictions on the transfer of data to third-party countries, personal data may end up in jurisdictions with the laxest, or more likely, no data protection standards, just as money ends up in tax havens. To put the oft-quoted tax analogy into context, there may be nothing preventing international data processors from circumventing domestic data protection requirements by gravitating personal data to data havens. Through an elaborate comparative analysis, primarily referencing three instruments: the oecd Guidelines, the GDPR, and the POPI Act; the dissertation looked at how these issues are considered and whether the Namibian Data Protection Bill matches up to these standards. The analysed regulatory regimes varied; nonetheless, a corollary was drawn to adopt a broader EU-style territorial scope. This dissertation recommends that section 2 of the Bill should be amended to conform with Article 3(2) of the GDPR (targeting test/market principle). The chosen approach actively embraces the fourth industrial revolution by allowing data protection to ‘travel’ with personal data wherever it goes in a globalised world.
Hlophe JP and the current politics of the South African Judiciary
(2009-10-05) Klaaren, Jonathan
The aims of this paper is to provide an overview of judicial politics and an understanding of these politics.
Introducing the the Gauteng Scrutiny of Subordinate Legislation Act
(Juta, 2009) Klaaren, Jonathan; Sibanda, Sanele
Notes and comments on the Gauteng Scrutiny of Subordinate Legislation Act 5 of 2008.
Investor-State Arbitration and South Africa's Bilateral Investment Treaty Policy Framework Review
(Mandela Institute, 2010-01) Klaaren, Jonathan; Schneiderman, David
Judicious Transparency
(2009-10-11) Klaaren, Jonathan
This paper reflects on two instances of contested openness occuring in the course of the recent saga involving Hlophe JP and the judges of the Constitutional Court.
Legal challenges of establishing jurisdiction over cloud data: addressing the gaps in South Africa’s cybercrime legislative framework
(University of the Witwatersrand, Johannesburg, 2023) Musoni, Melody; Klaaren, Jonathan
This thesis discusses the problems presented by the emerging technology of cloud computing during cybercrime investigations. One of the main challenges with cloud computing technologies is the lack of clarity on jurisdiction and whether law enforcement agents can exercise unilateral enforcement jurisdiction over remote cloud data. The thesis signifies the challenge by demonstrating how remote access to cloud data can potentially infringe on the sovereignty of foreign states, violate international law, and infringe on people’s privacy rights. The underlying concern with cybercrime investigations in the cloud context is that the current laws are not only territorial, but they are also outdated and lacking the ability to complement and address technological advancements. The central question discussed is whether the jurisdictional principles need to be revised to address innovative technological advancements or if the traditional principles suffice and can continue to be of application. At present, there are diverging views and approaches to dealing with cloud data jurisdiction for criminal investigation purposes. Some scholars, judges and law officers still rely on traditional jurisdictional principles and apply them to cyberspace and cloud environments. They do not see the justification to have separate laws to address activities in cyberspace. However, others advocate for the acclimatisation of new laws to meet the technological changes. Compounding this difference in opinion is the uncertainty in legal frameworks on cybercrime. Such uncertainty has left the topic vacillating between the views of territorialists and those of data exceptionalists. Similarly, South Africa’s position on this issue is unequivocal as various pieces of legislation address the issue of cloud jurisdiction differently. This makes this study of utmost importance. This thesis argues that law should be developed to address the technological changes presented by cloud computing technologies. Traditional jurisdictional principles which emphasise on geographical territory are not sufficient to address the unique features of cloud data. Pre-internet based jurisdictional principles should not be directly applied in cyberspace or cyber-environments. It is important for law to be developed in a manner which allows it to adequately address technological developments. One way of achieving this is by reformulating jurisdictional principles to conform with the emerging technologies. Apart from law, lawyers and law makers should leverage the use of other regulatory modalities such as code to regulate online conduct. Code can play the role of law which can effectively regulate cyberspaces as well as solve the data jurisdictional problem. This thesis supports the notion of reformulation of jurisdictional principles to address these challenges. In addition, it also points out the importance of reinforcing the current measures in place to address jurisdictional challenges
Open justice and beyond: Independent Newspapers v Minister for Intelligence Services: In re Masetlha
(Juta, 2009) Klaaren, Jonathan
Notes on a constitutional court decision within the context of national security and openness.
Price gouging as a species of excessive pricing during the covid-19 pandemic and beyond: has the ‘lucky monopolist’s’ luck run out? (and is price regulation on the horizon?)
(2023) Hartley, Jarryd; Klaaren, Jonathan
The Covid-19 pandemic saw widespread market disruption causing extreme and sudden price increases in foods and essential goods. This paper provides a critical analysis of the response by South Africa’s competition authorities to the Covid-19 pandemic. First, it discusses excessive pricing as an exploitative abuse. It argues that there is considerable overlap between excessive pricing and price gouging conceptually, which reveals why price gouging has been pursued as a species of excessive pricing. Secondly, it traces the development of market definition in competition law. It argues that while there has been a growing strand of scholarship arguing in favour of an effects-based approach to assess market power and arguing against the necessity of market definition, that market definition is still the superior method of assessing market power and alleged anti-competitive effects, as it considers the full range of relevant factors necessary to establish the boundaries of competition and the degree of substitutability between competing firms and products. Thirdly, it considers the traditional approach to excessive pricing in competition law to contextualise the approach adopted in the Covid-19 cases. It argues that pursuing price gouging as a species of excessive pricing represents a break with traditional excessive pricing as previous excessive pricing concerned traditionally dominant firms, many of whom were beneficiaries of former state support and/or were operating in markets with high barriers to entry. On the other hand, the Covid-19 cases were characterised by many smaller firms with low market shares, new entrants, and once-off market participants being found to be temporarily dominant firms (the so-called ‘Lucky Monopolist’) who were inferred to have market power. Fourthly, it analysed the Covid-19 cases and several consent agreements. This paper argued that the approach adopted in several cases in which the market was not properly defined was incorrect and contrary to traditional South African competition law. It argued that the Consumer Protection Regulations were promulgated too late and forced the competition courts to use traditional excessive pricing provisions to evaluate these cases. Furthermore, assessing these cases under the traditional excessive pricing provisions may influence future excessive pricing cases by diluting legal precedent with less economically and competition law defensibleapproaches. Fifth, this paper evaluated the response of the competition authorities to the Covid-19 pandemic. It found that the interventions of the competition authorities were able to deter price gouging conduct in response to the pandemic and agrees with the remedies and penalties imposed by the authorities as an appropriate response while arguing further that it is inappropriate to impose punitive administrative penalties on firms that are not dominant under traditional abuse of dominance and excessive pricing tests. Finally, this paper argues that price regulation is not the ideal intervention for competition authorities and has proffered possible alternatives such as market monitoring, informal engagement with market participants; and/or a general price gouging or consumer protection law which would automatically activate upon the declaration of a state of disaster or emergency which would obviate the need to use the traditional dominance and excessive pricing provisions of the Act to assess such conduct
Promotion of access to information through the courts: Case law and important developments in PAIA litigation
(2010-02-09) Klaaren, Jonathan
This paper is part of the effort to develop an Open Democracy Charter, envisioned as a declaration of intent on implementation of access to information principles. PAIA in the courts
Public Hearings for Constitutional Court Judges: An Open and Transparent Memorandum to the Judicial Services Commission
(Centre for Applied Legal Studies, 1994-06) Klaaren, Jonathan; Woolman, Stuart
Public interest litigation in South Africa: special issue introduction
(Juta, 2011) Klaaren, Jonathan; Dugard, Jackie; Handmaker, Jeff
Public interest litigation in South Africa. Addresses a diverse range of topics which all fall within a broad definition of public interest litigation in South Africa: refugee rights, environmental rights, inner city as well as informal settlement housing rights, rights to basic services, decent prison conditions and the transnational arena of investor-state arbitrations.
Redlight, Greenlight- Fedsure Life Assurance v Greater Johannesburg Transitional Metropolitan Council, Premier, Mpumalanga v Executive Committee, Association of State-Aided Schools, Eastern Transvaal
(Juta, 1999) Klaaren, Jonathan
Commentary on the administrative law aspects of two decisions heard in the Constitutional Court. Does the right of administrative justice found an independent cause of action or one that is co-extensive with judicial review on administrative law principles.

Browsing by Author "Klaaren, Jonathan"

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