392 publication(s) trouvée(s)
Article scientifique
SOUTH AFRICA’S QUIXOTIC HERO AND HIS NOBLE QUEST – CONSTITUTIONAL COURT JUSTICE ALBIE SACHS AND THE DREAM OF A RAINBOW NATION
Albie Sachs has always been clear-sighted in his vision of a rainbow nation at the southern tip of Africa, characterised …
Article scientifique
GOING AGAINST THE TIDE: SEEKING REGULATIONS FOR PRIVATE MILITARY/SECURITY COMPANIES IN A GLOBALIZED WORLD
This article discusses the role of privatization of security in Africa, but its focus is on private military and security …
Article scientifique
THE MEANING OF “EXPENDITURE” FOR PURPOSES OF SECTION 11(A) AND (GA) OF THE INCOME TAX ACT 58 OF 1962 CSARS v Labat Africa Ltd [2011] ZASCA 157
It is trite that a taxpayer may deduct, from his/her gross income, any expenditure or losses that were actually incurred, …
Article scientifique
DIE REGSTEORETIESE GRONDSLAG VAN DIE INTEGRASIEREËL IN DIE SUID-AFRIKAANSE KONTRAKTEREG
This article focuses on an extensive critical analysis of the legal-theoretical basis of the parol evidence rule in the South …
Article scientifique
NON-RECOGNITION OF MUSLIM MARRIAGES: DISCRIMINATION AND SOCIAL INJUSTICE
The following issues are discussed in the article, namely the legal status of Muslim marriages, the legal nature of Muslim …
Article scientifique
TAXATION OF HOLDING COMPANIES IN THE NETHERLANDS: A SOUTH AFRICAN OBSERVATION
The South African government has expressed an intention to market itself as a gateway to investment in Africa. This will …
Article scientifique
BRIDGING THE GAP: THE ROLE OF MICRO-INSURANCE IN A COMPREHENSIVE SOCIALPROTECTION SYSTEM IN SOUTH AFRICA
Access to social protection interventions, such as social assistance, social insurance and private insurance, in South Africa is limited. For …
Article scientifique
THE RIGHT TO LEGAL REPRESENTATION AT STATE EXPENSE FOR CHILDREN IN CARE AND CONTACT DISPUTES – A DISCUSSION OF THE SOUTH AFRICAN LEGAL POSITION WITH LESSONS FROM AUSTRALIA
The article discusses the right of children to legal representation at state expense in family disputes in South Africa as …
Article scientifique
PRODUCT LIABILITY: A CHANGING PLAYING FIELD?
Product liability in South Africa has historically been classified as falling within the sphere of the law of delict generally; …
Article scientifique
WHO ARE THE TRUE BENEFICIARIES OF AFFIRMATIVE ACTION? Solidarity obo Barnard v SAPS 2010 5 BLLR 561 (LC)
Affirmative action measures within the workplace seek to ensure equal employment opportunities and create a workforce that is representative of …
Article scientifique
“THIS IS MY KIDNEY, I CAN DO WHAT I WANT WITH IT” – PROPERTY RIGHTS AND OWNERSHIP OF HUMAN ORGANS
If I am not a slave, nobody else owns me and I therefore must own myself. This is but philosophical …
Article scientifique
MISATTRIBUTED PATERNITY Nel v Jonker (WCHC) unreported case number A653/2009 dated 2001-02-17
The purpose of this note is to set out the problem of misattributed paternity and to determine the rights of …
Article scientifique
THE IMPLEMENTATION OF THE RIGHT TO EDUCATION IN SOUTH AFRICA AND NIGERIA (PART 1)
This is the first of the two articles dealing with the implementation of the right to education in South Africa …
Article scientifique
NEEDLETIME: THE LONG AND WINDING ROAD
The article chronicles the long and winding road of the development of rights to royalties for performers from the recognition …
Article scientifique
THE LEGALITY OF THE AUTOMATIC TERMINATION OF CONTRACTS OF EMPLOYMENT
The Labour Relations Act (66 of 1995) (LRA) protects employees against unfair dismissal. In terms of section 186(1)(a) dismissal means …
Article scientifique
BELIEF IN WITCHCRAFT AS A MITIGATING FACTOR IN SENTENCING S v Latha 2012 (2) SACR 30 (ECG)
Supernatural belief does not sit easily with the law. Squaring such belief with legal concepts such as the reasonable person …
Article scientifique
THE CONTRACT OF EMPLOYMENT IN LABOUR LAW: OBSTACLE OR PANACEA?
The disparity of power in the employment relationship has courted argument that this imbalance continues to be perpetuated in the …
Article scientifique
TAX REASONS FOR ESTABLISHING A HEADQUARTER COMPANY
Headquarter companies are generally interposed between the ultimate holding company and the operating subsidiaries of a group of companies. The …
Article scientifique
DISPUTE RESOLUTION IN THE SOUTH AFRICAN SOCIAL SECURITY SYSTEM: THE NEED FOR MORE APPROPRIATE APPROACHES
The right to social security in South Africa is adjudicated and enforced mainly by means of litigation. This article examines …
Article scientifique
GOING GENTLY INTO THAT GOOD NIGHT: THE CONSTITUTIONALITY OF CONSENT IN CASES OF EUTHANASIA
Although consent is a justification ground in South African law, its applicability to cases of euthanasia has been the subject …