392 publication(s) trouvée(s)
Article scientifique
SECTION 86(10) OF THE NATIONAL CREDIT ACT 34 OF 2005 Firstrand Bank v Raheman (5345/2010) [2012] ZAKZDHC 3 (10 February 2012)
The purpose of the National Credit Act 34 of 2005 (hereinafter “the Act”) is not only to protect the interests …
Article scientifique
THE PURPOSE AND AMBIT OF THE OFFENCE OF CONCEALMENT OF BIRTH S v Molefe 2012 (2) SACR 574 (GNP)
The statutory offence of concealment of birth inevitably attracts controversy. It has been argued in the 2008 Canadian case of …
Article scientifique
THE IMPACT OF THE ELECTRICAL INSTALLATION REGULATIONS, 2009, ON THE SALE AND LEASE OF IMMOVABLE PROPERTY
The Electrical Installation Regulations, 2009, made by the Minister of Labour in terms of section 43 of the Occupational Health …
Article scientifique
DETERMINING THE THRESHOLD FOR ORGANIZATIONAL RIGHTS: THE LEGAL QUAGMIRE FACING MINORITY UNIONS RESOLVED – South African Post Office v Commissioner Nowosenetz No (2013) 2 BLLR 216 (LC)
The issue of organizational rights facing minority unions has been a quagmire since the advent of the Labour Relations Act …
Article scientifique
ONCE AGAIN IUSTUS ERROR AND SURETYSHIPS Absa Bank Ltd v Trzebiatowsky 2012 (5) SA 134 (ECP)
In Absa Bank Ltd v Trzebiatowsky (2012 (5) SA 134 (ECP)) the court was faced with a defence that has …
Article scientifique
SECTION 4(1)(b) OF THE DEEDS REGISTRIES ACT 47 OF 1937 AS A REMEDY FOR THE MISTAKEN TRANSFER OF LAND Bester NNO v Schmidt Bou Ontwikkelings CC [2012] ZASCA 125 (21 September 2012)
The deeds office practice was recently (dis)honoured by the Supreme Court of Appeal’s (SCA) decision in Bester NNO v Schmidt …
Article scientifique
A CRITICAL ANALYSIS OF THE DECISION OF THE CONSTITUTIONAL COURT* Maphango v Aengus Lifestyle Properties (Pty) Ltd 2012 (3) SA 531 (CC)
The pursuit of access to better economic opportunities such as decent jobs has resulted in an astronomic influx of people …
Article scientifique
OVERVIEW OF THE ROLE-PLAYERS IN THE INVESTIGATION, PREVENTION AND ENFORCEMENT OF MARKET-ABUSE PROVISIONS IN SOUTH AFRICA
This article analyses the role and effectiveness of selected key role-players primarily dealing with the investigation, prevention and enforcement of …
Article scientifique
BURN VICTIMS AND SKIN DONATIONS: A LEGAL PERSPECTIVE
This article highlights the need for skin donations to treat burn wounds. South Africa has an exceptionally high number of …
Article scientifique
METHODS TO USE WHEN TEACHING LEGAL ETHICS IN SOUTH AFRICA
Teaching legal ethics must be more than just compliance with the requirements of the legal profession but also an opportunity …
Article scientifique
THE AFRICAN CHARTER ON HUMAN AND PEOPLES’ RIGHTS, ITS REGIONAL SYSTEM, AND THE ROLE OF CIVIL SOCIETY IN THE FIRST THREE DECADES: CALIBRATING THE “PAPER TIGER”
Neither has any other human-rights treaty received as much vitriolic bashing as the African Charter on Human and Peoples’ Rights …
Article scientifique
THE OFFENCE OF BEING FOUND IN DISGUISE IN SUSPICIOUS CIRCUMSTANCES
The statutory criminal prohibition on the use of disguises in suspicious circumstances has a venerable history in South African law. …
Article scientifique
CHILDREN’S EVIDENCE IN SEXUAL CASES IN THE CONTEXT OF S v QN 2012 (1) SACR 380 (KZP)
This case note considers a number of issues in the context of the case of S v QN (2012 (1) …
Article scientifique
THE TRUST AS SPECIAL-PURPOSE INSTITUTION
The trust figure has undergone interesting developments in South African law during the last century. Due to its flexibility and …
Article scientifique
ANCIENT RITUALS AND THEIR PLACE IN THE MODERN WORLD: CULTURE, MASCULINITY AND THE KILLING OF BULLS – PART TWO
Each year in KwaZulu-Natal, South Africa, a ceremony is held by the Zulu people in honour of the “first fruits”. …
Article scientifique
IN DISSENT: A CRITICAL REVIEW OF THE MINORITY JUDGMENT OF YACOOB J Le Roux v Dey 2011 (3) SA 274 (CC)
The facts of Le Roux v Dey (2011 (3) SA 274 (CC)) are so well-known that they have become public …
Article scientifique
JUDICIAL RECOGNITION OF THE APPLICATION OF THE MAXIM RES IPSA LOQUITUR TO A CASE OF MEDICAL NEGLIGENCE Lungile Ntsele v MEC for Health, Gauteng Provincial Government (unreported as yet, Case Number: 2009/52394 (GSJ) dated 24 October 2012)
It is trite law, in context of medical negligence, that the onus of establishing civil liability on the doctor’s part …
Article scientifique
HATE CRIMES AGAINST BLACK LESBIAN SOUTH AFRICANS: WHERE RACE, SEXUAL ORIENTATION AND GENDER COLLIDE (PART II)
This article, which is the second of a two-part submission, examines the South African legal position pertaining to sexual offences …
Article scientifique
A SOCIAL ECONOMY AND SUSTAINABILITY: IS THERE POTENTIAL FOR AN INTERFACE?
South Africa is plagued by high unemployment, extreme poverty and a worrying skills deficit. Job creation strategies focus on the …
Article scientifique
PARENTING PLANS IN TERMS OF THE CHILDREN’S ACT: SERVING THE BEST INTERESTS OF THE PARENT OR THE CHILD?
The Children’s Act 38 of 2005 provides the legal basis for the reshaping of the exercise of parental responsibilities and …