392 publication(s) trouvée(s)
Article scientifique
DEVELOPMENTS IN THE UNITED STATES’ CONSUMER BANKRUPTCY LAW: A SOUTH AFRICAN PERSPECTIVE
The United States Congress’s enactment of the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 has produced the most …
Article scientifique
LETTING GO OF THE LASH: THE EXTRAORDINARY TENACITY AND PROLONGED DECLINE OF JUDICIAL CORPORAL PUNISHMENT IN BRITAIN AND ITS FORMER COLONIES IN AFRICA: PART 1
Judicial corporal punishment is still widely used in many countries in Africa. Even those African countries which have abolished the …
Article scientifique
ICD DIAGNOSTIC CODES AND THE CONSTITUTIONAL RIGHTS OF PATIENTS
The South African Department of Health has identified the need to improve the healthcare delivery systems within the country through …
Article scientifique
EMPLOYMENT BASED ON A FICTION: EVALUATING THE LEGITIMACY OF TRADITIONAL NOTIONS OF CONTRACT IN THEIR APPLICATION TO AN ATYPICAL EMPLOYMENT RELATIONSHIP
This article will examine the employment relationship between players in professional team sports and their employers. It will focus briefly …
Article scientifique
EXTENDING EMPLOYMENT INJURY AND DISEASE PROTECTION TO NON-TRADITIONAL AND INFORMAL ECONOMY WORKERS: THE QUEST FOR A PRINCIPLED FRAMEWORK AND INNOVATIVE APPROACHES
Non-traditional and informal economy workers often work outside the sphere of a formal employment relationship and are therefore by and …
Article scientifique
CULTURAL MARRIAGE PRACTICES AND DOMESTIC VIOLENCE AGAINST WOMEN: TEARS OR TRIUMPH FOR WOMEN IN SOUTH AFRICA AND INDIA?
This article examines the prevalence of domestic violence against women in South Africa and India and identifies the legal measures …
Article scientifique
REVIEW ON A NEW LEGISLATIVE FRAMEWORK FOR TRADITIONAL HEALERS IN SOUTH AFRICA
Although traditional healers have been consulted by a large proportion of the South African population for many years, they enjoyed …
Article scientifique
THE NATIONAL CREDIT ACT: NEW PARAMETERS FOR THE GRANTING OF CREDIT IN SOUTH AFRICA
The National Credit Act, which repeals and replaces the Credit Agreements Act and the Usury Act, has been assented to …
Article scientifique
EQUALITY, SEXUALITY AND TAKING RIGHTS SERIOUSLY
Minister of Home Affairs v Fourie 2006 3 BCLR 355 (CC) is, from a legal and constitutional perspective, relatively uncomplicated …
Article scientifique
AN EVALUATION OF LESOTHO’S RIGHT TO “EXPROPRIATE” THE WATER IN THE TREATY ON THE LESOTHO HIGHLANDS WATER PROJECT IN A “CONFLICT OF USES”*
This article explores the contemporary spectre of “expropriation” within the framework of the Treaty on the Lesotho Highlands Water Project …
Article scientifique
ONLINE LEARNING: SHAPING THE FUTURE OF LAW SCHOOLS
The Covid-19 pandemic has wreaked havoc globally and has forced people to change their outlook and do things differently. The …
Article scientifique
CONSTITUTIONALISM AND PUBLIC HEALTH EMERGENCIES: COVID-19 REGULATIONS IN SOUTH AFRICA AND THE CONSTITUTIONAL AND HUMAN RIGHTS SLIPPERY SLOPE
This article provides a theoretical and factual-legal analysis of South Africa’s response to the COVID-19. The state of disaster and …
Article scientifique
THE DISAPPEARANCE OF REFUGEE RIGHTS IN SOUTH AFRICA
This article critically examines the nature and scope of the type of refugee protection offered by South Africa to people …
Article scientifique
THE ETHOS OF TOLERANCE OF DIVERSITY IN POST-APARTHEID JURISPRUDENCE
This article examines the South African judiciary’s understanding, interpretation, and application of the ethos of tolerance of diversity. The case …
Article scientifique
LIVING WITH ALBINISM IN SOUTH AFRICA: UNCOVERING THE HEALTH CHALLENGES FROM A LEGAL PERSPECTIVE
The Cancer Association of South Africa (CANSA) has acknowledged that persons with albinism face the highest risk of developing skin …
Article scientifique
BALANCING INVESTOR PROTECTION WITH A STATE’S REGULATORY AUTONOMY IN THE AMENDED SADC FIP
This article focuses on the 2016 Amended Annex 1 to the Southern African Development Community (SADC) Finance and Investment Protocol …
Article scientifique
THE RELIEF PROVIDED TO A COMPLAINANT UNDER SECTION 163(1)(a) OF THE 2008 COMPANIES ACT: AN EXAMINATION OF THE CRITERION WITH REFERENCE TO PEEL v HAMON J&C ENGINEERING (PTY) LTD
The remedies in favour of minority shareholders that have developed over the years have been informed by the discriminatory manner …
Article scientifique
THE RULE OF LAW IN INDIAN ADMINISTRATIVE LAW VERSUS THE PRINCIPLE OF LEGALITY IN SOUTH AFRICAN ADMINISTRATIVE LAW: SOME OBSERVATIONS
The rule of law is expressly mentioned in the Constitution of the Republic of South Africa, 1996. The principle of …
Article scientifique
SELECTED CHALLENGES AFFECTING THE RETROACTIVE TRANSFER PRICING ADJUSTMENTS OF IMPORTED GOODS IN SOUTH AFRICA
The article analyses selected challenges associated with retroactive transfer pricing adjustments of imported goods under the Customs and Excise Act …
Article scientifique
THE RELEVANCE AND IMPACT OF SOUTH AFRICAN LABOUR LAW IN THE MINING SECTOR: A FOURTH INDUSTRIAL REVOLUTION PERSPECTIVE
The mining sector is one of the contributors to the South African economy and improving productivity is important if it …