392 publication(s) trouvée(s)
Article scientifique
CORRUPTION IN LAND ADMINISTRATION AND GOVERNANCE: A HURDLE TO TRANSITIONAL JUSTICE IN POST-APARTHEID SOUTH AFRICA?
The persistence of corruption in post-apartheid South Africa and the failure to control it adequately pose a significant threat to …
Article scientifique
SEPARATION OF POWERS, CHECKS AND BALANCES AND JUDICIAL EXERCISE OF SELF- RESTRAINT: AN ANALYSIS OF CASE LAW
The Constitution of the Republic of South Africa, 1996 creates a system in which there is a separation of the …
Article scientifique
THE 1982 UNITED NATIONS LAW OF THE SEA CONVENTION: UNRESOLVED ISSUES REMAIN
Despite the 1982 United Nations Law of the Sea Convention (UNCLOS) being generally viewed as one of the major successes …
Article scientifique
EAR PRINT EVIDENCE R v Kempster (No 2) [2008] 2 Cr. App. R. 19 (CA)
The battle between criminal methods and criminalistic science is ongoing. As criminals become more knowledgeable about forensic techniques (with the …
Article scientifique
SYSTEM OF REGULATION OF SOUTH AFRICAN INSOLVENCY LAW: LESSONS FROM THE UNITED KINGDOM
In order to assess the regulatory aspects of South African insolvency law it is necessary to examine the regulatory methodology …
Article scientifique
TO EXEMPT OR NOT TO EXEMPT – SOME LESSONS FOR EDUCATORS AND ADMINISTRATORS
Schools are required to reasonably accommodate the cultural and religious rights of their learners. They can depart from these responsibilities …
Article scientifique
JOB SECURITY FOR DISABLED WORKERS: A COMPARATIVE STUDY BETWEEN SOUTH AFRICA AND AUSTRALIA
This contribution considers issues arising from the incapacity of an employee as a result of an occupational injury or disease …
Article scientifique
THE RIGHT TO A PRE-DISMISSAL HEARING IN TERMS OF THE COMMON LAW: ARE THE CIVIL COURTS MISDIRECTED?
This article explores the overlap between the unlawful termination of a contract of employment and the unfair dismissal of an …
Éditorial
COMMENTARY ON THE IMPACT OF THE CHILDREN’S ACT ON SELECTED ASPECTS OF THE CUSTODY AND CARE OF AFRICAN CHILDREN IN SOUTH AFRICA
The Children’s Act 38 of 2005 has consolidated and updated the principles relating to care and protection of children. This …
Article scientifique
CUTTING THE CANE: A COMPARATIVE ANALYSIS OF THE STRUGGLE TO BANISH CORPORAL PUNISHMENT FROM SCHOOLS IN BRITAIN AND SOUTH AFRICA (PART 1)
For centuries corporal punishment was used as a method for disciplining school children in Britain. Britain was one of the …
Article scientifique
REVISITING THE PUBLIC DISCLOSURE OF PRIVATE FACTS IN CYBERWORLD
Traditional jurisprudence holds that a person who posts private information onto a social networking website does not have a legitimate …
Article scientifique
THE STATUS AND POSITION OF THE VATICAN AND THE POPE AT INTERNATIONAL LAW: TRYING TO FIT A RELIGIOUS SQUARE PEG INTO A LEGAL CIRCLE?
The final word has not been spoken on the position and status of the Vatican; nor have the intricacies and …
Article scientifique
THE PAYMENT OF TRUST-ACCOUNT INTEREST: THE ETHICAL DUTIES OF ATTORNEYS TOWARDS THEIR CLIENTS, AND THE IMPLICATIONS OF THE NEW LEGAL PRACTICE BILL
It has been a long-standing practice in South Africa that interest earned on certain moneys deposited into attorneys’ trust accounts …
Article scientifique
CUTTING THE CANE: A COMPARATIVE ANALYSIS OF THE STRUGGLE TO BANISH CORPORAL PUNISHMENT FROM SCHOOLS IN BRITAIN AND SOUTH AFRICA (PART 2)
For centuries corporal punishment was used as a method for disciplining school children in Britain. Britain was one of the …
Article scientifique
PROPOSALS REGARDING A WEAPONS REVIEW PROCESS IN SOUTH AFRICA (PART 2)
This article forms the final part of a two-part series dealing with submissions regarding the implementation of a weapons review …
Article scientifique
ANYONE FOR A GAME OF MONOPOLY™?* A CRITICAL EVALUATION OF THE EVERINCREASING COMMERCIALIZATION OF MAJOR SPORTING EVENTS PART 3: EXAMINING THE LEGITIMACY OF THE CREATION AND MAINTENANCE OF COMMERCIALLY-DRIVEN MONOPOLIES IN SPORTS EVENTS
This is the third and final part in a series of articles which examines the commercial monopoly in a major …
Article scientifique
LEGAL ASPECTS OF MANAGING FAILURE OF A CENTRAL SECURITIES DEPOSITORY (CSD) PARTICIPANT
The success of the financial market in South Africa is dependent on investor confidence and such confidence is dependent on …
Article scientifique
DO SEQUESTRATION PROCEEDINGS FALL WITHIN THE OVERALL AMBIT OF “ANY PROCEEDINGS” AS STIPULATED IN SECTION 130(3) OF THE NATIONAL CREDIT ACT 34 OF 2005?* Naidoo v Absa Bank Limited [2010] 4 All SA 496 (SCA)
Naidoo v Absa Bank Limited is one of the few cases by a court in which the interface between the …
Article scientifique
A NEW LOOK AT AN OLD QUESTION – PRECISELY WHERE DOES A CAUSE OF ACTION BASED ON CONTRACT OR DELICT “ARISE” IN THE CASE OF CIVIL CLAIMS IN THE MAGISTRATES’ AND SMALL CLAIMS COURTS?
One of the chief jurisprudential considerations of the new South Africa must be access to justice. Whilst various possibilities for …
Article scientifique
SO MUCH OWED BY SO MANY TO SO FEW: HOW THE FINANCIAL ADVISORY AND INTERMEDIARIES ACT 37 OF 2002 ADDRESSES “CONFLICT OF INTEREST”
Winston Churchill delivered his famous speech entitled “The Few” after the Battle of Britain of 1940. This historical conflict saw …