392 publication(s) trouvée(s)
Article scientifique
THE ROLE OF PRIVATE LAW IN PROMOTING SOCIAL JUSTICE
The first contribution published in this edition is an abridged version of the inaugural lecture delivered by Professor Eltjo JH …
Article scientifique
DILEMMAS OF SCIENCE AND THE CRIMINAL LAW: A SOUTH AFRICAN PERSPECTIVE
In light of the 85.9% conviction rate reported by the National Prosecuting Authority for the year 2007/2008, one would expect …
Article scientifique
PROPOSALS REGARDING A WEAPON REVIEW PROCESS IN SOUTH AFRICA (PART 1)
The purpose of this article is to put forward submissions regarding the implementation of a weapons review process in compliance …
Article scientifique
LIABILITY OF THE STATE FOR RAPE BY A POLICEMAN: THE SAGA TAKES A NEW DIRECTION Minister of Safety and Security v F 2011 3 SA 487 (SCA)
The locus classicus and trend-setting decision for the vicarious liability of the state for the rape of a woman by …
Article scientifique
RELIANCE, FORMALITIES AND THE MODE OF ACCEPTANCE OF AN OFFER Pillay v Shaik 2009 4 SA 74 (SCA)
In Pillay v Shaik (2009 4 SA 74 (SCA)), the Supreme Court of Appeal was confronted with a situation which …
Article scientifique
AN ESTATE AGENT’S CLAIM FOR PAYMENT OF COMMISSION, PARTIAL COMMISSION, DAMAGES, PENALTIES AND A QUANTUM MERUIT
Estate agents often become engaged in disputes regarding remuneration, and their legal representatives need to have a clear understanding of …
Article scientifique
NOT LETTING THEM WHISTLE: THE LABOUR APPEAL COURT’S APPROACH TO THE PROTECTED DISCLOSURES ACT AND PROTECTING PARLIAMENT’S EMPLOYEES
The Protected Disclosures Act 26 of 2000 was passed with the aim of protecting whistleblowers in the workplace. The decision …
Article scientifique
DIE MOONTLIKHEID VAN VERPLIGTE MIV-TOETSING VIR SEKSWERKERS IN SUID-AFRIKA NA DEKRIMINALISERING
At present, the possibility of the decriminalization of the sex trade enjoys serious consideration by the South African Law Commission. …
Article scientifique
ANYONE FOR A GAME OF MONOPOLY™?* A CRITICAL EVALUATION OF THE EVERINCREASING COMMERCIALIZATION OF MAJOR SPORTING EVENTS PART 2: EXAMINING THE LEGITIMACY OF THE CREATION AND MAINTENANCE OF COMMERCIALLY-DRIVEN MONOPOLIES IN SPORTS EVENTS
This is the second part of an article published in three parts that critically examines the commercial monopolisation of sporting …
Article scientifique
THE JURISDICTION OF THE LABOUR COURT IN INTERNATIONAL EMPLOYMENT CONTRACTS IN RESPECT OF WORKPLACES OUTSIDE SOUTH AFRICA
Does the Labour Court have jurisdiction to adjudicate disputes between a South African employer and a South African employee where …
Article scientifique
WHEN MEN WEAR DREADLOCKS TO WORK Department of Correctional Services v POPCRU [2012] 2 BLLR 110 (LAC)
The inclusion of constitutional rights within the ambit of the employment relationship raises new tensions between the enforcement of an …
Article scientifique
THE APPLICATION OF CONSISTENCY OF TREATMENT IN DISMISSALS FOR MISCONDUCT
Fairness in employment necessitates that the employer apply consistent disciplinary standards in the workplace, so that employees who commit the …
Article scientifique
THE BASIS OF TACIT CONTRACTS
Tacit contracts are contracts that are inferred from the conduct of the parties as opposed to written or verbal agreements …
Article scientifique
OF IMPLICATION, INSINUATION AND INCITEMENT R v Jones [2010] 3 All ER 1186 (CA)
Can the crime of incitement be committed by insinuation? Can a conversation about growing tomatoes by implication actually be aconversation …
Article scientifique
DEFINING THE RIGHT TO STRIKE: A COMPARATIVE ANALYSIS OF INTERNATIONAL LABOUR ORGANIZATION STANDARDS AND SOUTH AFRICAN LAW
The right to strike is a fundamental human right recognized in international law and the South African Constitution. If “strike” …
Article scientifique
CURE OR CURSE? REGULATIONS ON THE DEMARCATION BETWEEN HEALTH-INSURANCE POLICIES AND MEDICAL SCHEMES
In South Africa, private insurance policies are regulated by the Long-term Insurance Act and the Short-term Insurance Act. Medical schemes …
Article scientifique
DIE ONDERRIG VAN DIE INHEEMSE REG: BEVOEG OF BEPERK DEUR BOEKE?
The article deals with the teaching of customary law at tertiary level, with specific reference to the lecturer’s capability to …
Article scientifique
SPRING WAS REBELLIOUS, BUT IT’S ALL OVER NOW – PUBLIC ART, POLITICS AND THE LAW IN POST-APARTHEID SOUTH AFRICA – PART ONE
Politics, art and the law make uncomfortable bedfellows. The commissioning of public art by public bodies, in particular, often gives …
Article scientifique
SKULDLOSE AANSPREEKLIKHEID VIR PSIGIATRIESE BESERING EN GEDAGTES OOR DIE ROL VAN BELEID BY DELIKTUELE AANSPREEKLIKHEID
More than thirty years ago Prof Hans (PJ) Visser, in one of his earliest publications, mooted the possibility of liability …
Article scientifique
DETERMINING THE MEANING OF AN INNUENDO: CAN THE CONTEXT BE SEPARATED FROM THE WORDS?
Defamation can be said to mean the wrongful and intentional publication of defamatory material which refers to a plaintiff. In …