Explore publications.

1. Abstract   A quest for accountability and fairness in the South African public service has been undermined by persistent gaps in discipline management, particularly in the application of PSCBC Resolution 1 of 2003. This study examines the impact of non-compliance with procedural principles and timeframes on dismissed employees and their families within the North West provincial government. Drawing on literature on procedural justice, consequence management, and labour law, the study assesses disciplinary policy practice, precautionary suspension processes, and the reluctance of departments to implement reinstatement awards.   The study adopted a mixed-methods design. The population comprised employees across nine North West provincial departments. Data were collected through document review of disciplinary case files and arbitration awards, a structured questionnaire administered to 100 respondents, and 30 semi-structured interviews with dismissed employees, employees with delayed reinstatement awards, and family members. Key informant interviews were conducted with labour relations practitioners. Data were analysed using descriptive statistics to assess variability and deviation from Resolution 1 of 2003, supplemented by thematic analysis of interview and case law evidence.   The data indicate widespread failure to follow Resolution 1 of 2003, with some reinstatement awards delayed by up to 17 years. In practice, departments often opened disciplinary hearings without adequate preliminary investigation, extended precautionary suspensions well past the 60-day statutory limit, and resisted implementing CCMA and Labour Court orders to reinstate employees. Consequences include prolonged income loss, asset repossession, psychological distress, stigma, and social breakdown for employees and dependents. Institutional resistance, manifested through repeated review applications and unlawful salary deductions, further weakens accountability.   The study concludes that administrative non-compliance generates measurable financial, psychological, and social harm that extends beyond the workplace. Recommendations include enforcing time-bound implementation of awards, establishing a central monitoring system, limiting procedural delay tactics, integrating family impact assessments, and strengthening accountability within labour relations units through progressive and team-based discipline, capacitated accountability mechanisms, and merit-based appointments.

This paper provides a systematic constitutional analysis of telemarketing regulation in South Africa, arguing that intrusive practices violate the foundational rights to privacy, dignity, freedom of association, and equality. Using a doctrinal methodology, it examines the jurisprudential evolution of these rights in digital commerce, the efficacy of key statutes such as the Consumer Protection Act (CPA) and the Protection of Personal Information Act (POPIA), and the normative influence of international law. The analysis reveals a critical disjuncture between robust constitutional guarantees and their practical enforcement, exacerbated by systemic challenges including inadequate regulatory capacity, technological advancement outpacing legislation, and the disproportionate targeting of vulnerable populations. The paper concludes by proposing an integrated, rights-based reform agenda, contending that effective telemarketing regulation is essential not only for protecting fundamental rights and human dignity in the digital age but also for promoting consumer trust, ethical business conduct, and sustainable digital market development.

This study considers the constitutional requirement of public consultation in South Africa in light of the role of the executive in policy-making as well as the emerging trend of "stealth taxation." This work critically evaluates how the executive, availing itself of the cover of budget-making and regulatory power, has a tendency to introduce fiscal devices with minimal public or parliamentary engagement. This conduct raises alarming questions of constitutional compliance, transparency, and abnegation of democratic accountability. The research employs a doctrinal legal approach to examining pertinent constitutional provisions, leading cases, and administrative law principles. Comparative analysis is employed by resorting to similar practice and judicial standards applicable in other Commonwealth jurisdictions. Parliament records and fiscal policy papers from 2010 to 2023 are consulted to recognize and assess examples of indirect taxation evading substantive public participation. The findings exhibit a growing pattern of executive overreach through fiscal means that are neither transparent during deliberation nor scrutinized by the National Assembly. All these actions go against constitutional mandates, particularly those listed in sections 59 and 195, aimed at participatory democracy as well as good governance. The study indicates that consultation is not procedural courtesy but substantive constitutional imperative at the heart of democratic rule. This study significantly adds to demystifying the legal boundaries of executive discretion in fiscal matters. It calls for a normative approach to deliver stronger judicial control and procedural safeguards. The research highlights that the strengthening of public procedure for participation is crucial to safeguard parliamentary predominance as well as to advance credibility of tax policy within South Africa's constitutional framework.