392 publication(s) trouvée(s)
Article scientifique
THE TRANSFORMATIVE POTENTIAL OF THE CONSTITUTIONAL ENVIRONMENTAL RIGHT OVERLOOKED IN GROOTBOOM
It is axiomatic that Grootboom (Government of the Republic of South Africa v Grootboom 2001 (1) SA 46 (CC) hereinafter …
Article scientifique
MUTUAL ACCOMMODATION OF RELIGIOUS DIFFERENCES IN THE WORKPLACE – A JOSTLING OF RIGHTS
In and of itself a constitutional democracy is meaningless. It is the extent to which our rights as individuals in …
Article scientifique
HUNG OUT TO DRY? ATTORNEY-CLIENT CONFIDENTIALITY AND THE REPORTING DUTIES IMPOSED BY THE FINANCIAL INTELLIGENCE CENTRE ACT 38 OF 2001
According to the South African Law Reform Commission, money laundering is the manipulation of illegally acquired wealth in order to …
Article scientifique
CULTURAL IDENTITY, TRADITION, AND THE RITUAL KILLING OF BULLS – A NOTE ON A RECENT DECISION OF THE FRENCH CONSTITUTIONAL COUNCIL ON THE LEGALITY OF BULLFIGHTING
In a recent two-part article in this journal, the authors of this note analysed the controversy surrounding the ritual bull-killing …
Article scientifique
A COMPARATIVE EXPOSITION OF THE LAW OF HUSBAND AND WIFE IN TERMS OF ISLAMIC LAW, SOUTH AFRICAN LAW AND THE LAW OF ENGLAND AND WALES ‒ PART TWO
The article discusses and compares the dissolution of a marriage as well as the legal consequences thereof in Islamic law, …
Article scientifique
PROTECTING A WIFE FINANCIALLY AT THE TIME OF DIVORCE – A COMPARISON BETWEEN SOUTH AFRICAN WOMEN MARRIED IN TERMS OF SOUTH AFRICAN CIVIL LAW AND ISLAMIC LAW, WITH SPECIFIC REFERENCE TO THE MAHR
This article compares the South African civil-law and Islamic-law positions with regard to the financial protective measures available to a …
Article scientifique
THE RIGHT TO MOTHER-TONGUE EDUCATION: PRACTICABLE OR NOT?
Mother-tongue and mother-tongue education are recognized worldwide as one of the most efficient ways to function cognitively and socially. This …
Article scientifique
THE CRIME OF DEFAMATION – STILL DEFENSIBLE IN A MODERN CONSTITUTIONAL DEMOCRACY?
The crime of defamation, known as criminal libel in some jurisdictions, has (along with associated “insult laws”) been identified in …
Article scientifique
AN ANALYSIS OF THE GENERAL ENFORCEMENT APPROACHES TO COMBAT MARKET ABUSE (PART 2)
This article is the second part in a two-part series on general enforcement approaches to combat market abuse. Part 2 …
Article scientifique
REWARDING A LIVING KIDNEY DONOR: A COMPARISON BETWEEN SOUTH AFRICA, SINGAPORE AND IRAN
There are thousands of desperate people globally who need a kidney for transplantation. The number of people who require a …
Article scientifique
THE CONSTITUTIONAL ROLE OF THE JUDICIARY IN CASES OF SEXUAL GBV: AN ANALYSIS OF TSHABALALA v S; NTULI v S 2020 (5) SA 1 (CC)
The Constitution of the Republic of South Africa is the supreme law, and it imposes obligations on all arms of …
Article scientifique
ENGLISH INSURANCE LAW REFORMS: LESSONS FOR SOUTH AFRICA
Insurance law in the United Kingdom (UK) has recently undergone significant reforms. Until 2015, insurance law in the United Kingdom …
Article scientifique
When is a Donor a Daddy? Informal Agreements With Known Sperm Donors: Lessons from Abroad
Individuals are increasingly entering into informal agreements with known sperm donors in order to either circumvent the costs involved in …
Article scientifique
Motivating Large Groups of Law Students to Think Critically and Write Like Lawyers: Part 2
This two-part article explores two central themes – student motivation and critical thinking – as they relate to teaching law …
Article scientifique
Perspectives on the Disclosure of the Location of Goods in terms of Section 97 of the National Credit Act 34 of 2005
This article considers the provisions of section 97 of the National Credit Act 34 of 2005 (NCA), which are vitally …
Article scientifique
Regulating Construction Procurement Law in South Africa – Does the New Framework for Infrastructure Delivery and Procurement Management Undermine the Rule of Law?
Recently, there have been numerous challenges in the legal regulation of construction procurement in South Africa. The Construction Industry Development …
Article scientifique
The Juristic Nature of iLobolo Agreements in Modern South Africa
The practice of ilobolo has been referred to by many names, including bridal-price, bridewealth, marriage goods or dowry. These concepts …
Article scientifique
Surrogacy Agreements and the Rights of Children in Nigeria and South Africa
Surrogacy agreements help to provide children for persons who cannot achieve conception or carry a child to term themselves. This …
Article scientifique
Does the Prevention of Illegal Eviction from and Unlawful Occupation of Land Act of 1998 provide Adequate Family Home Protection to Insolvent Debtors or Is It Still Pie in the Sky? (Part 2)
Although some legal systems provide some protection for a debtor’s homestead or family home when his or her estate is …
Article scientifique
The VAT Treatment of Cryptocurrencies in South Africa: Lessons From Australia
Cryptocurrencies are revolutionary digital currencies used by people on a peer to peer network. Cryptocurrencies are predominantly used as a …