411 publication(s) trouvée(s)
Article scientifique
"The Common Law is … not what it used to be"*: Revisiting Recognition of a Constitutionally-Inspired Implied Duty of Fair Dealing in the Common Law Contract of Employment (Part 2)
This piece, which is in three parts, will revisit the importation of fairness into the employment contract (outside and independent …
Article scientifique
The Duty to Produce One’s Firearm for Inspection in Terms of the Firearms Control Act: The Right to Silence under Siege?
The right of the arrested and accused persons to remain silent at pre-trial and during their trial are significant to …
Article scientifique
Comparative Constitutional Studies – Between Magic and Deceit
This contribution reviews the book by Günter Frankenberg titled Comparative Constitutional Studies – Between Magic and Deceit published by Edward …
Article scientifique
Preserving the Integrity of Medical-Related Information – How "Informed" is Consent?
Health care services are recognised as a right. These services are available to "everyone" who needs them. This availability ensures …
Article scientifique
The Scope of the Powers of the Minister of Finance in Terms of Section 48(1)(b) of the Customs and Excise Act 91 of 1964: An Appraisal of Recent Developments in Case Law
This paper evaluates the scope of the powers of the Minister of Finance upon a request from the Minister of …
Article scientifique
Publish or Perish. Perceived Benefits versus Unintended Consequences
This contribution reviews the book by Imad A Moosa entitled Publish or Perish. Perceived Benefits versus Unintended Consequences published by …
Article scientifique
Formal Regulation of Third Party Litigation Funding Agreements? A South African Perspective
In South Africa third party litigation funding agreement as a tool that provides access to justice is not legislated with …
Article scientifique
Modderklip Revisited: Can Courts Compel the State to Expropriate Property where the Eviction of Unlawful Occupiers is not Just and Equitable?
This article examines whether, to give effect to the section 26 constitutional right to adequate housing, courts can (or should) …
Article scientifique
Disposing of Bodies, Semantically: Notes on the Meaning of "Disposal" in S v Molefe
In S v Molefe the presiding officer determines the meaning of the word "disposal" at the hand of two criteria, …
Article scientifique
The Testamentary Trust: Is it a Trust or a Will? Hanekom v Voigt 2016 1 SA 416 (WCC)
The recent judgment in Hanekom v Voigt 2016 1 SA 416 (WCC) is evaluated in the light of the traditional …
Article scientifique
Parental Criminal Responsibility for the Misconduct of Their Children: A Consideration
This contribution examines parental criminal responsibility for the delinquent acts of their children. As South African law has been swayed …
Article scientifique
Integration of the Bride as a Requirement for a Valid Customary Marriage: Mkabe v Minister of Home Affairs 2016 ZAGPPHC 460
Since the Recognition of Customary Marriages Act 120 of 1996 was promulgated in 15 November 2000 the courts are faced …
Article scientifique
Aboriginal Customary Law: A Source of Common Law Title to Land
This contribution provides a short review of the book by Ulla Secher on aboriginal customary law as a source of …
Article scientifique
Corruption and Human Rights Law in Africa
This book provokes the most pertinent debate engulfing Africa, that is, how to effectively deal with corruption in Africa – …
Article scientifique
Laws against Strikes – The South African Experience in an International and Comparative Perspective (with Corrigendum)
This contribution reviews the book entitled Laws against Strikes – The South African Experience in an International and Comparative Perspective …
Article scientifique
The BRICS-Lawyers' Guide to Global Cooperation
This contribution reviews the book "The BRICS-Lawyers' Guide to Global Cooperation" authored by Rostam J Neuwirth, Aexandr Svetlicinii and Denis …
Article scientifique
The Registration of Special Notarial Bonds under the Security by Means of Movable Property Act and the Publicity Principle: Lessons from Developments in Belgium
Many people do not own immovable property to offer as security but do have movable property which can be offered …
Article scientifique
Untitled: Securing Land Tenure in Urban and Rural South Africa
This contribution provides a review of the book edited by Donna Hornby, Rosalie Kingwill, Lauren Royston and Ben Cousins. It …
Article scientifique
A Fresh Perspective on Historical Sexual Abuse: The Case of Hewitt v S 2017 1 SACR 309 (SCA)
Sexual crimes continues to be a scourge in our society. It is therefore not surprising that the prevention and criminalisation …
Article scientifique
Disclosure in Centre for Child Law v the Governing Body of Hoërskool Fochville
When a party refers to evidentiary material in the course of litigation, ordinarily this party is under an obligation to …