440 publication(s) trouvée(s)
Article scientifique
The Right of Child Victims of Armed Conflict to Reintegration and Recovery
Article 39 of the Convention on the Rights of the Child provides for the right to recovery and reintegration of …
Article scientifique
Oratio: Address to Commemorate the 2013 Martin Luther King Day at the Law Faculty, University of Michigan
The paper commences by considering the similarity between Dr King, MK Gandhi and Nelson Mandela and argues that they are …
Article scientifique
The relevance of a contextualisation of the state-individual relationship for child victims of armed Conflict
The relationship between the individual and the State is discussed in this contribution. The argument is put forward that both …
Article scientifique
Against the New Constitutionalism
This contribution reviews the book entitled Against the New Constitutionalism authored by Tamas Gyorfi. He challenges the pivotal role given …
Article scientifique
Werknemers as Lasgewende Ouers in Surrogasie-Aangeleenthede: Die Geboorte van nuwe Verlof-behoeftes in Suid-Afrika / Employees as Commissioning Parents in Surrogacy Matters: The Birth of New Leave Requirements in South Africa
Commissioning parents, in terms of a surrogacy agreement, have the same parental obligations towards their child as traditional parents. Yet, …
Article scientifique
Managing Family Justice in Diverse Societies
This contribution reviews the contents of the 17 chapters that make up the bulk of the book Managing Family Justice …
Article scientifique
Constitutional Court 1995 – 2012: How did the Cases reach the Court, Why did the Court refuse to consider Some of Them, and How Often did the Court Invalidate Laws and Actions?
The purpose of this article is to contribute data for the purposes of debates on how effectively the Constitutional Court …
Article scientifique
Race as/and the Trace of the Ghost: Jurisprudential Escapism, Horizontal Anxiety and the Right to be Racist in Boe Trust Limited
This contribution draws on critical race theory and critical legal theory in order to read and critique the Supreme Court …
Article scientifique
Creating a Servitude to solve an Encroachment Dispute: A Solution or creating another Problem?
The main focus of this note is the case of Roseveare v Katmer, Katmer v Roseveare 2013 ZAGPJHC 18, which …
Article scientifique
Arbitrary Deprivation of an Unregistered Credit Provider's Right to Claim Restitution of Performance Rendered: Opperman v Boonzaaier (24887/2010) 2012 ZAWCHC 27 (17 April 2012) and National Credit Regulator v Opperman 2013 2 SA 1 (CC)
The Constitutional Court in National Credit Regulator v Opperman confirmed the Cape High Court's decision in Opperman v Boonzaaier to …
Article scientifique
The Sexual Orientation of a Parent as a Factor when Considering Care
Section 28(2) of the Constitution states that a child's best interest is of paramount importance in every matter concerning the …
Article scientifique
The Regulation of the Possession of Weapons at Gatherings
The Dangerous Weapons Act 15 of 2013 provides for certain prohibitions and restrictions in respect of the possession of a …
Article scientifique
The South African Defence Review (2012) and Private Military / Security Companies (PMSCs): Heralding a Shift from Prohibition to Regulation?
This article discusses the possibility of South Africa enacting a new law regulating private military/security companies (PMSCs) beyond the Prohibition …
Article scientifique
Sink or Swim? Debt Review's Ambivalent "Lifeline" ... a Second Sequel to "… A Tale of Two Judgments" Nedbank v Andrews (240/2011) 2011 ZAECPEHC 29 (10 May 2011); Firstrand Bank Ltd v Evans 2011 4 SA 597 (KZD) and Firstrand Bank Ltd v Janse van Rensburg 2012 2 All SA 186 (ECP)
The interface between the National Credit Act 34 of 2005 and the Insolvency Act 24 of 1936 has been the …
Article scientifique
Forceful arrests: an overview of section 49 of the Criminal Procedure Act 51 of 1977 and its recent amendments
The debate concerning the use of violence by the police force is an endless one. Section 49 of the Criminal …
Article scientifique
"Originality" and "Reproduction" in Copyright Law with Special Reference to Photographs
Turning to lessons from foreign jurisdictions, this note explores from a copyright perspective the fact that photographs are produced mechanically …
Article scientifique
The Quest for a Supranational Entity in West Africa: Can the Economic Community of West African States attain the Status?
To reflect the growing trends in the international scene and in furtherance of the objective of its Revised 1993 Treaty, …
Article scientifique
Disability Discrimination and the Right of Disabled Persons to Access the Labour Market
Inequality, discrimination and transformation remain the key challenges which most employers are faced with in the South African labour market. …
Article scientifique
The Prosecution of Incitement to Genocide in South Africa
The inchoate crime of direct and public incitement to commit genocide was first recognised under the Convention on the Prevention …
Article scientifique
Using a Locum Tenens in a Private Practice
Many medical practitioners in private practice use a locum tenens when they themselves are not available to practice. The locums …