392 publication(s) trouvée(s)
Article scientifique
UNLAWFUL DETENTION: A DISAPPOINTING JUDGMENT Alves v LOM Business Solutions (Pty) Ltd 2012 (1) SA 399 (GSJ)
In Alves v LOM Business Solutions (Pty) Ltd (2012 (1) SA 399 (GSJ); [2011] 4 All SA 490 (GSJ)) the …
Article scientifique
IS THE RIGHT TO DIE WITH DIGNITY CONSTITUTIONALLY GUARANTEED? BAXTER V MONTANA* AND OTHER DEVELOPMENTS IN PATIENT AUTONOMY AND PHYSICIAN ASSISTED SUICIDE
This article examines the question of whether the right to life encompasses the right to die with dignity. It looks …
Article scientifique
ANCIENT RITUALS AND THEIR PLACE IN THE MODERN WORLD: CULTURE, MASCULINITY AND THE KILLING OF BULLS – PART ONE
Each year in KwaZulu-Natal, South Africa, a ceremony is held by the Zulu people in honour of the “first fruits”. …
Article scientifique
THE APPLICATION OF SECTION 197 OF THE LABOUR RELATIONS ACT IN AN OUTSOURCING CONTEXT (PART 2)
Section 197 of the Labour Relations Act (LRA) in both its original form and in its amended form caused much …
Article scientifique
SHOULD REFUSAL TO WORK FOLLOWING BREACH OF CONTRACT BY THE EMPLOYER REALLY BE A STRIKE? National Union of Mineworkers on behalf of Employees v Commission for Conciliation Mediation and Arbitration (2011) 32 ILJ 2104 (LAC)
The employment relationship is by its very nature premised on the foundation of inherent inequality between the employer and the …
Article scientifique
MIND THE GAP – INCREASING COMPLIANCE – BURDEN AND REGULATORY MISALIGNMENT
Since the dawn of the new constitutional supremacy, untold pieces of legislation have been promulgated. This led to an increase …
Article scientifique
MUSLIM PERSONAL LAW IN SOUTH AFRICA: “UNTIL TWO LEGAL SYSTEMS DO US PART OR MEET?”
South Africa is one of the most prominent examples of pluralism providing recognition to traditional customary and religious law. South …
Article scientifique
STATE LIABILITY FOR FINAL COURT ORDERS SOUNDING IN MONEY: AT LONG LAST ALIGNMENT WITH THE CONSTITUTION
Since the commencement of the State Liability Act 20 of 1957 the (until 2011) prevailing legislation rendered it almost impossible …
Article scientifique
SOME ADMINISTRATIVE LAW ASPECTS OF STATE REGULATION OF INSOLVENCY LAW REVISITED Musenwa v Master of the North Gauteng High Court (Unreported 54849/10) [2010] ZAGPPHC 190 (5 November 2010)
A general analysis of the global norms recognised by international institutions worldwide yields the conclusion that the essential proposition of …
Article scientifique
ARRESTS WITHOUT WARRANT: THE SCA BRINGS CLARITY Minister of Safety and Security v Sekhoto 2011 1 SACR 315 (SCA); [2011] 2 All SA 157 (SCA)
Section 40(1) of the Criminal Procedure Act 51 of 1977 provides for a number of different instances where a peace …
Article scientifique
THE EXCLUSION OF EVIDENCE OBTAINED BY ENTRAPMENT: AN UPDATE
This article provides an update on the exclusion of evidence obtained as a result of entrapment. The exclusion of such …
Article scientifique
A MISSED OPPORTUNITY TO SETTLE THE LAW ON DNA TESTING IN PATERNITY DISPUTES YD (now M) v LB 2010 6 SA 338 (SCA)
On 17 September 2010, in (YD (Now M) v LB (2010 6 SA 338 (SCA)), the Supreme Court of Appeal …
Article scientifique
MAINSTREAMING ISLAMIC JURISTIC THOUGHT IN THE TEACHING OF HUMAN RIGHTS LAW: A CASE FOR INTEGRATIVE CURRICULUM AND PEDAGOGY IN AFRICAN LAW SCHOOLS
Against the backdrop of the marked marginalization of Islamic juristic thought in human rights discourses and the consequential obscurity of …
Article scientifique
HATE SPEECH ON SOCIAL NETWORK SITES: PERPETRATOR AND SERVICE PROVIDERS’ LIABILITY
The article investigates the phenomenon of hate speech on social network sites and gives an overview of the national and …
Article scientifique
THE PROPOSED LEGALIZATION OF PROSTITUTION IN SOUTH AFRICA – FRAMING THE DEBATE FROM A LIBERAL PERSPECTIVE
The debates surrounding the issue of whether or not prostitution or sex work ought to be legal or illegal have …
Article scientifique
INTERCOUNTRY ADOPTION AND THE SUBSIDIARITY PRINCIPLE: A PROPOSAL FOR A VIA MEDIA
This article discusses implementation of the principle of subsidiarity in intercountry adoption cases. The authors demonstrate that, whilst this principle …
Article scientifique
A SELECTION OF CONSTITUTIONAL ASPECTS THAT IMPACT ON THE MENTALLY DISORDERED PATIENT IN SOUTH AFRICA
This article examines a selection of constitutional aspects that impact on the mentally disordered patient in South Africa. There are …
Article scientifique
DEDUCTIBLE MEDICAL EXPENSES FOR INCOME TAX PURPOSES: TRADITIONAL HEALERS, PHARMACISTS AND COSMETIC PROCEDURES
In terms of section 18(1)(b)(i) of the Income Tax Act 58 of 1962 a taxpayer is entitled to a qualifying …
Article scientifique
INTRODUCTORY PERSPECTIVES ON MARINE TOURISM IN SOUTH AFRICAN LAW
Marine tourism is a new subject of legal enquiry in South Africa. After defining “marine tourism”, this paper explores the …
Article scientifique
ACROSS-THE-BOARD WAGE INCREASES IN EXTENDED COLLECTIVE AGREEMENTS: FAIR OR UNFAIR?
The article looks at across-the-board increases in collective agreements extended to employers who were not party to the negotiations that …