395 publication(s) trouvée(s)
Article scientifique
ESTA Occupiers and the Construction of Buildings and Homesteads on Farmland: Addressing Critical Issues in Light of Prinsloo NO v Ngcongwane [2023] ZALCC 22 and Basfour 3327 (Pty) Ltd v Thwala (Leave to Appeal) [2023] ZALCC 28
The purpose of the Extension of Security of Tenure Act (62 of 1997) (ESTA) is to enhance and promote the …
Article scientifique
Competition Law as a Catalyst for Access to Education: A Review of a Drive against Anti-Competitive Practices in the Procurement of School Uniforms by the Competition Commission of South Africa
Exclusive agreements and high prices in some markets can harm competition, competitors, and consumers and may also affect the enjoyment …
Article scientifique
Linking Labour Law and Consumer Law in South Africa: The Impact of the “Add Hope Initiative” on KFC Employees and Consumers
This article explores the legal and ethical challenges of corporate-social-responsibility initiatives, focusing on KFC South Africa’s “Add Hope” charity campaign. …
Article scientifique
Foreclosure of Primary Home Mortgages in Namibia: Towards Efficient Judicial Oversight
Mortgage foreclosures represent a significant and contentious issue, particularly when they pertain to individuals’ primary homes. Foreclosure inherently creates a …
Article scientifique
SCA Provides Clarity on the Requirements Needed for the Court to Grant Remedial Action for Oppressive and Unfair Conduct in Terms of Section 163 of the Companies Act 71 of 2008 - Parry v Dunn-Blatch [2024] ZASCA 19
The “oppression remedy”, while having arguably undergone substantial legislative development over time, has long been a contentious issue for South …
Article scientifique
Tolerated, But Never Equal: The Limits Of Recognising Difference
The article examines the South African Constitutional Court’s reliance on toleration as a legal mechanism for recognising difference, particularly concerning …
Article scientifique
The code of conduct and suspensions and expulsions: BELA Act’s passes and fails
The Basic Education Laws Amendment Act (BELA Act) introduced amendments to the South African Schools Act, which came into effect …
Article scientifique
The Constitutional and Legislative Powers of Local Authorities in South Africa: The Applicability of an Ocean Accounts Framework as an Ocean-Governance Instrument
This research examines the Ocean Accounts Framework (OAF) as an instrument for ocean governance and policy development by South African …
Article scientifique
The Delegation of Parliament’s Law-Making Power: Democratic Alliance v Minister of Co-Operative Governance and Traditional Affairs [2021] ZAGPPHC 168; 2024 (5) SA 463 (SCA)
Section 27 of the Disaster Management (Act 57 of 2002) (DMA) awards the national executive authority delegated law-making power to …
Article scientifique
Dignity as a Transformative Tool in the Workplace
The concept of dignity is a prominent feature of the Constitution of the Republic of South Africa, playing a crucial …
Article scientifique
The Law of Delict and Gender-Based Violence in South Africa
South Africa’s law of delict has undergone much development, most of which has taken place by virtue of the Constitution …
Article scientifique
Cyberbullying and Online Exploitation: Assessing the Effectiveness of South Africa’s Legislative Framework in Protecting the Digital Youth
The rapid proliferation of internet-based technologies has transformed communication dynamics, presenting significant opportunities and formidable risks, particularly for minors. As …
Article scientifique
The Criminalisation of HIV Transmissions in South Africa
The HIV/AIDS pandemic sent shock waves through the world when it first appeared in around 1981. Globally, jurisdictions conceived different …
Article scientifique
Criminal Justice for Female Victims of Domestic Violence: Time to Deal Defencelessness a Final Blow
At the Presidential Summit on Gender-based Violence (GBV) and Femicide in November 2022, President Cyril Ramaphosa instructed the Department of …
Article scientifique
Enduring Legacy: The Impact of ESTA’s Burial Rights on the Property Rights of the Landowner
This note examines the enduring nature of burial rights under the Extension of Security of Tenure Act (ESTA) for individuals …
Article scientifique
Registering and Removing Foreign Sex Offenders From the South African National Register for Sex Offenders
Section 42 of the Criminal Law (Sexual Offences and Related Matters) Amendment Act provides that a person who has been …
Article scientifique
Characterisation of Restrictive Horizontal Practices under Competition Law (Part 1)
Sections 4(1)(a) and (b) of the Competition Act 89 of 1998 reflect the distinction in competition law between horizontal restrictive …
Article scientifique
Child Abduction: The Hague Convention on the Civil Aspects of International Child Abduction and National Law – Ad Hoc Central Authority for the Republic of SA v Koch NO 2024 (3) SA 249 (CC)
In Ad Hoc Central Authority for the Republic of South Africa v Koch NO (2024 (3) SA 249 (CC) (AHCA …
Article scientifique
Sidonselwa Iholo Ngokungemthetho. “No Work, No Pay”: Lawful Deductions or Employer’s Self-Help? In Search of Practical Guidelines
The employment relationship is reciprocal in nature in that it entails obligations for both parties. The employee has an obligation …
Article scientifique
Does Section 15 of ESTA Apply to Urgent Relocations and Not Only to Evictions? An Assessment of – A Re Shomeng Holdings Proprietary Limited v Sibeko [2024] ZALCC 7
Owners of land or persons in charge have pursued relocations of occupiers through application for mandatory interdicts under the Extension …
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