27 publication(s) trouvée(s)
Article scientifique
The Role of Expert Evidence in the Defence of Provocation and Emotional Stress in South Africa
The provocation defence has emerged as one of the most contentious defences in modern times and has remained that way …
Article scientifique
Caveat Jurisconsultus: Warrantless Access to the Client Records of Legal Practitioners
A client legitimately regards almost all communications with his or her lawyer as confidential. However, there are circumstances in which …
Article scientifique
Consumer Protection Measures in Non-Life Insurance Contracts: A South African and Australasian Trend?
Consumer protection has gained prominence in many different industries worldwide. In South Africa, the consumer protection trend was first identified …
Article scientifique
Whistle-Blowing for Reward – Friend or Foe? Exploring a Possible Tax Whistle-Blowing Programme in South Africa
Tax evasion poses a serious threat to revenue collection. One way of obtaining information on taxpayers who fail to disclose …
Article scientifique
A Critical Analysis on the Use of the Oppression Remedy by Directors Removed from Office by the Board of Directors under The Companies Act 71 of 2008
Both sections 71(3) and 163 of the Companies Act 71 of 2008 are innovative in South African company law in …
Article scientifique
Parenting Plans Attentive to the Needs of the Divorcing Family
Practical parenting plans should prioritise the needs of the divorcing family by giving voice to the feelings, needs and rights …
Article scientifique
Investigating the Need to Reintroduce a Ballot Requirement for a Protected Strike in South Africa
The issue of violent and protracted strikes has been a source of debate on many labour platforms in South Africa. …
Article scientifique
THE CRIMINALISATION OF “REVENGE PORN” IN SOUTH AFRICA
This article aims to give an overview of the growing problem of non-consensual pornography in the digital age. The problem …
Article scientifique
THE DISTINCTIVENESS AND INTERRELATEDNESS OF THE PRIVILEGES AND IMMUNITIES OF PARLIAMENT: A COMPARISON OF THE NAMIBIAN AND SOUTH AFRICAN JURISDICTIONS
The terms “privileges” and “immunities” in relation to parliament are used interchangeably in the literature. A comparison of the privileges …
Article scientifique
LIFE HEALTHCARE ESIDIMENI: A (HUMAN RIGHTS) DREAM DEFERRED
This article delves into South Africa’s compliance with its obligations in terms of the United Nations Convention on the Rights …
Article scientifique
THE REASONABLENESS AND EFFECTIVENESS OF THE AMENDMENT TO SECTION 26 OF THE MAINTENANCE ACT 99 OF 1998
Section 26 of the Maintenance Act as amended by the Maintenance Amendment Act 38 of 2005 (hereinafter “Amendment Act”) is …
Article scientifique
PARENTAL CHILD ABDUCTION CASES: PREVENTION IS BETTER THAN CURE
The past few decades have witnessed an unprecedented growth of child abduction cases that has generated the need for legislative …
Article scientifique
A CRITICAL APPRAISAL OF THE PLANT HEALTH (PHYTOSANITARY) BILL’S COMPLIANCE WITH THE SALIENT ASPECTS OF THE WORLD TRADE ORGANIZATION (WTO) AGREEMENT ON THE APPLICATION OF SANITARY AND PHYTOSANITARY MEASURES
This paper juxtaposes the long-mooted Plant Health (Phytosanitary) Bill with its corollary, the World Trade Organization (WTO) Agreement on the …
Article scientifique
REVISITING A CULTURE OF TOLERANCE RELATING TO RELIGIOUS UNFAIR DISCRIMINATION IN SOUTH AFRICA (PART 2)
In Part 1 of this article the need to reconsider whether merely tolerating diversity in a multicultural and pluralistic secular …
Article scientifique
SOUTH AFRICA’S INTEGRATED URBAN DEVELOPMENT FRAMEWORK AND SUSTAINABLE DEVELOPMENT GOAL 11: POLICY MISMATCH OR SUCCESS?
This paper critically questions the extent to which the Integrated Urban Development Framework, 2016 (IUDF) provides for strategic goals and …
Article scientifique
COMBINING UNCERTAINTIES IN A COURT OF LAW USING BAYESIAN NETWORKS
People generally have difficulty dealing with the counter-intuitive notion of probability, and therefore they often misunderstand aspects of uncertainty. This …
Article scientifique
MARITAL RAPE: A TALE OF TWO LEGAL SYSTEMS
Marital rape is a form of sexual violence, which is often downplayed due to the common law position that a …
Article scientifique
A DONOR-CONCEIVED CHILD’S RIGHT TO KNOW ITS GENETIC ORIGIN: A SOUTH AFRICAN PERSPECTIVE
This paper addresses the need for donor-conceived children to know their genetic parents. The author focuses on the legal consequences …
Article scientifique
MEDICAL MALPRACTICE LITIGATION: DO WE NEED A PARADIGM SHIFT IN OUR APPROACH TO HANDLING MEDICAL NEGLIGENCE DISPUTES?
This article takes a critical look at the current state of affairs of both our public as well as private …
Article scientifique
REVISITING A CULTURE OF TOLERANCE RELATING TO RELIGIOUS UNFAIR DISCRIMINATION IN SOUTH AFRICA (PART 1)
On account of its nature and scope, this article has been divided into two parts. The aim of this work …
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