438 publication(s) trouvée(s)
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 …
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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 …
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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 …
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In Defence of Pashukanism
This essay presents an extended defence of the general theory of law formulated by the Bolshevik jurist, Evgeny Pashukanis, and …
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Ethics, Justice and the Sale of Kidneys for Transplantation Purposes
Living kidney donor transplantations are complex; add to that financial compensation to the donor and one enters an ethical maze. …
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Information and Knowledge Management at South African Law Firms
Global and national law firms alike operate in a challenging business environment and managing the firm's information and knowledge assets …
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A Brief Overview of the Civil Union Ac
The adoption of the Constitution of the Republic of South Africa, 1996 (the Constitution) has provided a sound framework for …
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The Development of the Interface between Law, Medicine and Psychiatry: Medico-Legal Perspectives in History
Medicine and law were related from early times. This relation resulted as a necessity of protecting communities from the irresponsible …
Article scientifique
Marimuthu Munien V BMW Financial Services (SA) (PTY) LTD Unreported Case No 16103/08 (KZD)
Section 129(1)(a) read with section 130(1) and 130(3) of the National Credit Act 34 of 2005 (the NCA) provides that, …
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A commentary on the positive discrimination policy of India
Affirmative action and discriminatory measures are complex and controversial issues. The goal of affirmative action is to speed up the …
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Religious and Cultural Dress at School: A Comparative Perspective
This article investigates and compares the different approaches towards the dress code of learners[1] in South Africa and the United …
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Parallel Planning Mechanisms as a "Recipe for Disaster"
This note offers a critical reflection of the recent landmark decision in City of Johannesburg Metropolitan Municipality v Gauteng Development …
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Unpacking the Public Trust Doctrine: A Journey into Foreign Territory
The past decade has borne witness to the transformation of South Africa's natural resources law with the introduction of a …
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The Judiciary as a Bastion of the Legal order in Challenging Times
In recent times the judiciary has been under almost constant fire as a result of certain controversial events involving the …
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The Relationship between Restraints of Trade and Garden Leave
The purpose of the article is to examine the relationship between a so-called "garden leave" clause and a post-termination restraint …
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The Requirements for the Inclusion of Standard Terms in International Sales Contracts
The problem dealing with the inclusion of standard terms and conditions in contracts is a problem that has engaged most …
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The South African constitutional Court and the Rule of Law: The Masethla Judgment, A Cause for Concern
The rule of law as a foundational constitutional value constrains the exercise of public power but the precise limits of …
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The world trade organisation and Human Rights: The role of principles of Good Governance
The present article attempts to determine the role of principles of good governance in the discussion regarding the World Trade …
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National Credit Regulator Versus Nedbank Ltd and the Practice of Debt Counselling in South Africa
The National Credit Regulator approached the then Transvaal Provincial Division of the High Court in 2008 by way of a …
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The Status and Role of Legislation In South Africa as a Constitutional Democracy: Some Exploratory Observatio
This note explores the proposition that in the face of probably one of the most unequivocal forms of constitutional review …