434 publication(s) trouvée(s)
Article scientifique
Protecting Traditional Knowledge – Does Secrecy Offer a Solution
The shortcomings of using the intellectual property system to safeguard the interests of traditional knowledge holders have received considerable attention. …
Article scientifique
Die Wenslikheid van Afrikaans as Vaktaal vir Regstudent
Since 1994 the official language status in South Africa went from two state languages to eleven. This caused English to …
Article scientifique
Korporatiewe Identiteit as Grondslag van die Strafregtelike Aanspreeklikheid van Regspersone (1): Teoretiese Grondbeginsels
The different models for the criminal liability of juristic persons reveal a tension between individualist and realistic approaches. For individualists …
Article scientifique
Reflections on the Biowatch Dispute – Reviewing the fundamental rules on costs In the light of the needs of constitutional and/or public interest litigation
Using as a case study the recent decision on costs in the Biowatch matter, this article critically examines the traditional …
Article scientifique
The Enforceability of Illegal Employment Contracts according to the Labour Appeal Court Comments on Kylie v CCMA 2011 4 SA 383 (LAC)
The Labour Appeal Court in Kylie v CCMA decided the vexed question as to whether or not the CCMA has …
Article scientifique
A Future Perspective on Constitutional Stability
The 2nd of February next year will be the twentieth anniversary of the beginning of the transformation process that led …
Article scientifique
The role of local government in evictions
Local government occupies a unique place in the South African system of government. This is circumscribed by the Constitution which …
Article scientifique
The Duty to Effect an Appropriate Mode of Payment to Minor Pension Beneficiaries under Scrutiny in Death Claims
his note focuses on the payment into a trust arrangement in favour of a minor beneficiary as contemplated in terms …
Article scientifique
An Embarrassment of Riches or a Profusion of Confusion An Evaluation of the Continued Existence of the Civil Union Act of 2006 in the Light of Prospective Domestic Partnerships Legislation in South Africa
As it stands, South African family law currently holds that the Marriage Act 25 of 1961 applies exclusively to the …
Article scientifique
The Concept of a "Decision" as the Threshold Requirement for Judicial Review in terms of the Promotion of Administrative Justice Act
The Promotion of Administrative Justice Act 3 of 2000 defines administrative action as “any decision [of a specified kind]" taken …
Article scientifique
Director and Officer Liability in the Zone of Insolvency; A Comparative Analysis
It is the duty of the directors of a company to run the business of the company in the best …
Article scientifique
The Obligation to Provide Free Basic Education in South Africa: An International Law Perspective
In South Africa many learners are denied the right to basic education because of the levying of school fees and …
Article scientifique
A General Legislative Analysis of "Torture" as a Human Rights Violation in Zimbabwe
Several challenges involving torture-related human rights violations have been reported in Zimbabwe from the late 1970s to date. Notably, these …
Article scientifique
South African Private Security Contractors Active in Armed Conflicts: Citizenship, Prosecution and the Right to Work
South Africa has adopted two pieces of legislation since 1998 aimed at restricting one of the fastest growing sectors of …
Article scientifique
Municipal Tender Awards and Internal Appeals by unsuccessful Bidders
In recent years, bidders aggrieved by municipal tender awards are increasingly resorting to Section 62 of the Local Government: Municipal …
Article scientifique
The Southern African Development Community Trade Legal Instruments Compliance with Certain Criteria of GATT Article XXIV
Article XXIV of the General Agreement on Tariffs and Trade (GATT) lays down the legal principles with which regional trade …
Article scientifique
Restitutionary Road: Reflecting on Good Governance and the Role of the Land Claims Court
Although 95% of all claims that had been submitted by 1998 have indeed been processed, a mere 49% of the …
Article scientifique
The Requirement of Being a "Fit and Proper" Person for the Legal Profession
An important requirement for admission as an attorney or advocate is to be a "fit and proper" person. Lawyers are …
Article scientifique
Plagiarism: Misconduct Awareness on Novice Research within the Cyberworld
More often than not, there exists some form of infringement relating to the use of other authors' work. This is …
Article scientifique
In Defence of Pashukanism
This essay presents an extended defence of the general theory of law formulated by the Bolshevik jurist, Evgeny Pashukanis, and …