Law, Democracy 
&  Development

Law, Democracy 
&  Development

JOURNAL OF THE FACULTY OF LAW | UNIVERSITY OF THE WESTERN CAPE

Welcome

Democracy, good governance, human rights and socio-economic development are critical matters for South Africa and Africa as a whole. Our aim is to provide a forum where scholars, practitioners and policy-makers can debate the issues surrounding them and, in doing so, contribute to shared knowledge and insight.

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The LDD site is undergoing a maintenance upgrade. During this time, some of our functionality may be curtailed.

However, authors may continue to use our temporary site to submit articles, and our full repostitory of publications remains available here.

In the sp​otlight

Judicial problem-solving: An evaluation of Grobler v Phillips and Others [2022] ZACC 32, pp 76-101

By Arthur van Coller

The legal journey of Grobler v Phillips is revelatory in the inconsistencies it brings to light. This article argues that judicial reasoning that creates tension between the rights of private landowners and unlawful occupiers is not constructive. Evictions should be resolved by enforcing a potentially homeless person’s right to access adequate housing by holding the state to account for its constitutional obligations.

Founded in 1997

Peer-reviewed

Accredited with DHET

Electronic open access

LDD reader guidelines

Law, Democracy & Development (LDD) is an accredited journal - that is, approved by the Department of Education for the publication of subsidised research output. This means that the articles we publish are subject to stringent quality control. All articles, unless otherwise indicated, are peer-reviewed - that is, anonymously assessed by independent experts. In addition, we also publish reviews, commentaries or other contributions which the editors consider topical or important but which have not been subjected to the formal assessment process - for example, contributions by emerging researchers (such as those in our ALAD section), keynote speeches by leading commentators and the like. These non-refereed items are identified as Forum contributions.

LDD is an open-access journal. This means that copyright in all published material remains vested in the author thereof, but the author grants permission for the material to be made available freely on LDD’s website. The material may be quoted, downloaded and/or copied, subject to the following conditions:

  • the name(s), title(s) and institutional affiliation(s) of author(s), as well as a bibliographical reference to its original publication in LDD (author, title of article and volume of LDD) must be included by those who use it; and
  • the copyright of the author(s) – for example, the right to republish or amend the material – remains intact, and articles that are reproduced may not be changed in any way.

Please therefore make full use of the articles contained in LDD for all academic, research or practical purposes – but kindly remember to cite the source so that others can also find it.

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All information contained in official UWC websites, and by extension those of the Faculty of Law, is provided for information purposes only and does not represent a legally binding contract between UWC and any person or entity. Information on official university websites is subject to change without prior notice. While every reasonable effort is made to present current and accurate information, UWC, and by extension the Faculty of Law, makes no guarantees of any kind. The LDD site may contain information that is created and managed by various sources, both internal and external to the University. Some online content exists in the form of forums containing the personal opinions and other expressions of the persons who post the entries. UWC promotes freedom of expression and therefore does not control, monitor or guarantee the information contained on these platforms, and does not endorse any views expressed therein. At no time shall UWC, and by extension the Faculty of Law, be responsible or liable, directly or indirectly, for any damage or loss resulting from or alleged to result from the use of or reliance on any such content.

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