395 publication(s) trouvée(s)
Article scientifique
Reverse Piercing of the Corporate Veil – Butcher Shop and Grill CC v Trustees for the time being of the Bymyam Trust 2023 (5) SA 68 (SCA)
In Butcher Shop and Grill CC v Trustees for the time being of the Bymyam Trust (2023 (5) SA 68 …
Article scientifique
The Evolution of Zimbabwe’s Law of Intestate Succession: Improving Welfare for Widows Under Customary Law
This article examines the evolution of Zimbabwe’s law of intestate succession since it gained independence in 1980, with a specific …
Article scientifique
Mandatory Rules and Public Policy as Limitations on the Applicable Law in International Arbitration
The article examines the concepts of mandatory rules and public policy as limitations on party autonomy in the arbitral context. …
Article scientifique
Examining the Implications of an Inference of Remorse or Lack Thereof Drawn From a Convicted Offender’s Plea of Guilty or Not Guilty
The concept of remorse is often referred to as a sentencing factor carrying enough weight to mitigate the sentence imposed …
Article scientifique
The Plight of Afrikaans: Has the Demise of Afrikaans-Medium Public Schools Been Pronounced Within the Educational Framework of South Africa?
On 13 October 2017, the Department of Basic Education published the Basic Education Laws Amendment Bill (BELA Bill), intending to …
Article scientifique
A Catch-22 Situation: Bringing an Interim Application to Have a High Court Tax Dispute Heard Behind Closed Doors - SMI v CSARS [2023] ZAECGHC 115
The phrase “a catch-22” situation was coined in the popular novel Catch-22 by Joseph Heller to illustrate the absurd constraints …
Article scientifique
The South African Government’s Budgetary Obligations to Tackle the Severely Strained Resource-and-Funding Environment of Inclusive and Holistic Early Childhood Development
This article assesses the South African government’s international, constitutional and legislative budgetary obligations with respect to the development of all …
Article scientifique
The Interdependence Between Financial Stability and Financial Inclusion: A South African Perspective
Financial stability and financial inclusion are important goals, and both are promoted in the Financial Sector Regulation Act of 2017. …
Article scientifique
The Provision of a Safe Working Environment for E-Hailing Workers in South Africa: Who Bears This Responsibility?
The introduction of electronic hailing (e-hailing) work in South Africa, with the use of the mobile application (app) as a …
Article scientifique
A Revolutionary Picket Lands an Employee in Trouble: A Case of Broken Mutual Trust in the Workplace in South Africa - South African Revenue Services v Commission for Conciliation, Mediation and Arbitration [2023] ZALCJHB 222
Every contract of employment contains an implied duty that neither employer nor employee will, without proper reason, act so as …
Article scientifique
Considering the Regulatory Framework that Governs the Operation of Drones in South Africa
The growing popularity and rapid rise of unmanned aerial vehicles (drones) across various industries raises myriad legal, ethical and safety …
Article scientifique
What the Doctor Ordered: Lessons From Abroad to Strengthen South Africa’s Medical-Parole System
Certain outcomes of South Africa’s medical-parole system in recent years have raised questions about the adequacy of the legislation governing …
Article scientifique
The New National Financial Ombud Scheme: Comments on the Regulatory Framework
The Financial Sector Regulation Act 9 of 2017 created the foundation for the establishment of a new ombud scheme structure, …
Article scientifique
Hate the Sin and Not the Sinner: Addressing Unfair Discrimination Against Ex-Convict Job Applicants in Kenya and Insights From International Law
The Kenyan criminal justice system is founded on the principle of restorative justice, which serves as an instrument for societal …
Article scientifique
The Potential of Coalition Governance in the City of Johannesburg to Realise Target 11.1 of Sustainable Development Goal 11
The City of Johannesburg, just like any other municipality in South Africa, is required in terms of Target 11.1 of …
Article scientifique
Tipping the Scales in Favour of Old Customary Marriages – A Critical Analysis of the Patrimonial Consequences of the Recognition of Customary Marriages Act
The purpose of the Recognition of Customary Marriages Act 120 of 1998 is, inter alia, to ensure that all spouses …
Article scientifique
THE PRAETORIAN EDICT AND B&Bs Gabriel v Enchanted Bed and Breakfast CC 2002 6 SA 597 (C)
Lawyers have from time immemorial been confronted with the problem of travellers having their property stolen or damaged while spending …
Article scientifique
BEWYS EN WAARDE VAN OUDERDOMSGRENSE IN DIE STRAFREG S v Mbelo 2003 1 SACR 85 (NCD)
In dié saak het die beskuldigde, M, in die streekhof op verkragting skuldig gepleit. Hy het deur middel van sy …
Article scientifique
THE IMPACT OF THE CONSTITUTIONAL IMPERATIVE OF THE STATE TO AVOID HARM ON DELICTUAL LIABILTY FOR AN OMISSION Van Eeden v Minister of Safety and Security (Women’s Legal Centre Trust, as Amicus Curiae) 2003 1 SA 398 (SCA)
In the present case the Supreme Court of Appeal recognised the constitutional imperative of the State to protect the rights …
Article scientifique
BALANCE BETWEEN AFFIRMATIVE ACTION AND EFFICIENCY AT THE WORKPLACE
The advent of affirmative action policies introduced against the backdrop of a changed political order in South Africa has brought …