392 publication(s) trouvée(s)
Article scientifique
UNDERSTANDING THE RIGHT TO FREEDOM OF ASSOCIATION AT THE WORKPLACE: COMPONENTS AND SCOPE
Freedom of association is one of the most important fundamental rights entrenched in a number of legal international and domestic …
Article scientifique
THE NEED FOR A LEGAL-WRITING COURSE IN THE SOUTH AFRICAN LLB CURRICULUM
Students are generally unprepared to study law. Unpreparedness includes language and writing deficiencies. Legal-writing courses at law school only lay …
Article scientifique
WHY THE NEED FOR CONSUMER PROTECTION LEGISLATION? A LOOK AT SOME OF THE REASONS BEHIND THE PROMULGATION OF THE NATIONAL CREDIT ACT AND THE CONSUMER PROTECTION ACT
Two statutes focusing on consumer protection have been introduced recently: the Consumer Protection Act due to come into effect in …
Article scientifique
PAPER V PRACTICE – EXAMINING THE SCOPE AND LIMIT OF SECTION 206 OF THE LABOUR RELATIONS ACT IN PROVIDING A REMEDY FOR A NON-PARTY TO AN EXTENDED COLLECTIVE AGREEMENT
The Minister of Labour may extend collective agreements concluded in bargaining councils to non-parties to the agreements in terms of …
Article scientifique
CRITICAL-CARE DECISIONS ON NEONATES AND YOUNG CHILDREN IN ENGLAND AND WALES – LESSONS FOR SOUTH AFRICA
In this article it will be pointed out that in South Africa there are currently insufficient measures in place to …
Article scientifique
THE APPLICATION OF THE PLAIN AND UNDERSTANDABLE LANGUAGE REQUIREMENT IN TERMS OF THE CONSUMER PROTECTION ACT – CAN WE LEARN FROM PAST PRECEDENT?
In many instances consumers enter into contracts when buying goods or services. These contracts are extremely important as they contain …
Article scientifique
A PLEA OF DOUBLE JEOPARDY BY ACCUSED EMPLOYERS: ARE THERE LIMITS?
The rule against double jeopardy entails that, generally, a person cannot be charged more than once for the same, or …
Article scientifique
PREDATORY PRICING: SINGLE- FIRM DOMINANCE, EXCLUSIONARY ABUSE AND PREDATORY PRICES (PART 2)
Important pronouncements of legal principle were recently made by the Competition Appeal Court and Constitutional Court on the determination of …
Article scientifique
ARE TRUSTEES OF THE ESTATES OF OWNERS OF SECTIONAL TITLE UNITS NOT FULLY COVERED BY SECTION 89 OF THE INSOLVENCY ACT?
This article highlights differential treatment of trustees when they make application for the clearance certificates, they need to register a …
Article scientifique
LIABILITY TO DISGORGE PROFITS UPON BREACH OF CONTRACT OR A DELICT
Remedies regarding contract and tort are, generally speaking, concerned with the incidence of liability for loss or damage suffered, whereas …
Article scientifique
THE RIGHT TO PRIVACY AND DRUG-TESTING IN SPORT IN SOUTH AFRICA: COULD THE NEW ZEALAND CASE OF CROPP V JUDICIAL COMMITTEE PROVIDE SOME GUIDANCE?
This article examines the right to privacy of athletes who are required to submit to drug tests. In South Africa, …
Article scientifique
COMMERCIAL-LAW REASONS (OTHER THAN TAX) FOR SETTING UP A HEADQUARTER COMPANY: A SOUTH AFRICAN OBSERVATION
A headquarter company is a company within a group of companies which supervises and co-ordinates the administrative activities of the …
Article scientifique
THE STATUS OF A POST-DATED CHEQUE PRIOR TO THE POST-DATE
Electronic payment seems to be taking over but cheques are still used for valid reasons. Post-dated cheques are used for …
Article scientifique
STATE REGULATION OF SOUTH AFRICAN INSOLVENCY LAW – AN ADMINISTRATIVE LAW APPROACH
Although the Constitution must inform the way legislation is interpreted by the courts, there is currently no Constitutional Court decision …
Article scientifique
COMPROMISE, UNDUE INFLUENCE AND ECONOMIC DURESS Gerolomou Constructions (Pty) Ltd v Van Wyk 2011 (4) SA 500 (GNP)
The matter of Gerolomou Constructions (Pty) Ltd v Van Wyk (2011 (4) SA 500 (GNP)) alludes to two rather problematic …
Article scientifique
FOSTERING BY CAREGIVERS WITH NO COMMON-LAW DUTY OF SUPPORT: AT LAST, SOME CLARITY IN THE LAW SS v Presiding Officer, Children’s Court, Krugersdorp 2012 (6) SA 45 (GSJ)
Some serious shortcomings in foster care law which adversely affected large numbers of children have been addressed recently in SS …
Article scientifique
THE NEED FOR VIGILANCE IN BANKING TRANSACTIONS IN THE LIGHT OF PREVALENT FRAUD, MISREPRESENTATION AND PONZI SCHEMES IN THE BUSINESS WORLD The Trustees of the Insolvent Estate of Grahame Ernest John Whitehead v Dumas Case 323/12 [2013] ZASCA 19 Unreported
Numerous persons are inclined to take a risk by making short-term investments that promise substantial profit returns within the shortestpossible …
Article scientifique
ROAD-ACCIDENT FUND: SERIOUS INJURY CLAIMS AND JUDICIAL PRECEDENT: THE SUPREME COURT OF APPEAL HAS SPOKEN Road Accident Fund v Duma 202/2012 and Three related cases (Health Professions Council of South Africa as Amicus Curiae) [2012] ZASCA 169 (27 November
The appeal is based on four cases against the Road Accident Fund (the Fund) that were instituted in the South …
Article scientifique
MULTIPLE ACTS OF SEXUAL PENETRATION WITHIN A SHORT PERIOD OF TIME – SINGLE OR MULTIPLE ACTS OF RAPE? S v Willemse 2011 (2) SACR 531 (ECG)
The case under discussion exposes a particular twilight zone in respect of the sexual offence of rape, and more specifically, …
Article scientifique
SUPERFLUOUS LITIGATION, IN A WRONG FORUM ABOUT NOTHING: WHEN LAWYERS AND EXPERTS COLLUDE Motswai v RAF 2012 SA (GSJ) Case No: 2010/17220
The case of Motswai v RAF (2012 SA (GSJ) Case No: 2010/17220, not yet reported) is a clear indication of …