392 publication(s) trouvée(s)
Article scientifique
Legality of Professional Mixed Martial Arts in South Africa
Senator John McCain may have been on point when he described mixed martial arts (MMA) as “human cock-fighting” in its …
Article scientifique
The Justiciability of Cabinet Appointments in South Africa
For most democracies, Cabinet appointments form part of a plethora of powers that are entrusted to the President alone. Courts …
Article scientifique
The Best Interests of a Child in Alternative Care and Intercountry Adoption – A Model for a Uniform Approach
Where a child is orphaned or abandoned, an obligation rests on the State to provide appropriate alternative care for the …
Article scientifique
An Examination of South African Corporate Law Through the Lens of Ubuntu
This article submits that ubuntu is indubitably a constitutional value that informs the constitutional epoch. Constitutional supremacy means that all …
Article scientifique
The Contemporary Role of the Global Refugee Regime: Analysis of Equal Protection Under South Africa’s National Refugee Regime
This article analyses the role of the global refugee regime in protecting both de jure and de facto refugees in …
Article scientifique
When Might an Assault be so Trivial as to Not Justify a Criminal Conviction? Assault With Intent to do Grievous Bodily Harm, De Minimis Non Curat Lex, and the Case of S v Rahim 2024 JDR 3448 (KZP)
As Hall cogently points out, criminal harms differ in gravity: “[F]irst, because of the differential external effect upon the victim …
Article scientifique
SOUND SUBSTANTIVE LAW APPLICATION YET DUBIOUS ADJECTIVAL PROCESS IN R K v Minister of Basic Education [2019] ZASCA 192
S K’s was a life cut short. He was another victim of the dangerous and unsanitary school pit-latrine system, a …
Article scientifique
A STEP IN THE RIGHT DIRECTION OR ADDITIONAL BURDEN FOR WOMEN MARRIED IN TERMS OF ISLAMIC LAW? Women’s Legal Centre Trust v President of the Republic of South Africa [2022] ZACC 23
Marriages concluded in terms of Islamic rites have until recently not enjoyed the same legal recognition that is accorded to …
Article scientifique
PRINCIPLES OF RESTRICTIVE COVENANTS AND THE RIGHTS OF AN EMPLOYEE IN THE WORKPLACE Shoprite Checkers (Pty) Ltd v Kgatle [2023] ZAWCHC 159
Indubitably, employees have been subjected to ill treatment and improper working conditions by their employers. Prior to South Africa attaining …
Article scientifique
AN UNJUST INTERPRETATION OF SECTION 116(1) OF THE CONSUMER PROTECTION ACT 68 OF 2008: THE IMPACT OF First Rand Bank Limited v Ludick GP (unreported) 2020-06-18 Case no A277/2019
One of the key objectives of the Consumer Protection Act (68 of 2008) (CPA) is to ensure that consumers are …
Article scientifique
AN APPRAISAL OF SELECTED SALIENT HUMAN RIGHTS BEING IMPACTED AND ALTERED BY ARTIFICIAL INTELLIGENCE (AI)
With the emergence and broad deployment of Artificial Intelligence (AI) in all sectors of the economy and human endeavours, this …
Article scientifique
IMAGE-BASED SEXUAL ABUSE AND THE REQUIREMENT OF MOTIVE UNDER THE FILMS AND PUBLICATIONS AMENDMENT ACT: A CRITICAL ASSESSMENT
Section 18F(1) of the Films and Publications Amendment Act (FAPAA) prohibits the commission of image-based sexual abuse (IBSA). This contribution …
Article scientifique
THE RIGHT TO BASIC EDUCATION AS A PRIMARY DRIVER OF TRANSFORMATION IN SOUTH AFRICA: CONSIDERING COOPERATION
The South African Constitution provides expressly for the right to basic education, with a specific provision dedicated to such a …
Article scientifique
THE EFFECT OF BUSINESS RESCUE’S MORATORIUM ON PROPERTY BELONGING TO THE COMPANY OR IN ITS LAWFUL POSSESSION AND THIRD- PARTY CONTRACTS
The rights of both company and property owner have been a burning issue when a company embarks on business rescue …
Article scientifique
THE LEGAL STATUS OF TRADE UNIONS AND POTENTIAL GROUNDS ON WHICH THEY MAY INCUR LIABILITY
Employees exercise their right to freedom of association by forming or joining trade unions. It is not required that a …
Article scientifique
THE IMPACT OF GLOBAL TRANSFORMATION ON DECENT WORK IN SOUTH AFRICA
This article provides a comprehensive analysis of the impact of global transformation on the concept of decent work in South …
Article scientifique
FOLLOWING DUE PROCESS BEFORE DEDUCTING AMOUNTS FROM SALARY: A REFLECTION ON Ngcangula v Mhlontlo Local Municipality; Nqekeho v Mhlontlo Local Municipality (2022) 43 ILJ 2398 (ECM)
Procedural fairness in labour disputes is an important requirement that employers must adhere to if they are to pass court …
Article scientifique
JUSTIFYING THE INTEGRATION OF CLINICAL LEGAL EDUCATION WITH PROCEDURAL-LAW MODULES TO DEVELOP PRACTICAL SKILLS IN LAW STUDENTS
This article focuses on the integration of Clinical Legal Education (CLE) with the conventional teaching methodologies traditionally employed for teaching …
Article scientifique
SHOULD A COMPANY’S DIGNITY BE PROTECTED UNDER SECTION 10 OF THE CONSTITUTION? THE QUESTION IN Reddell v Mineral Sands Resources (Pty) Limited [2022] ZACC 38
In Reddell v Mineral Sands Resources (Pty) Ltd ([2022] ZACC 38) (Reddell), the Constitutional Court considered whether section 10 of …
Article scientifique
CAN THE DEATH PENALTY STILL BE CONSIDERED A “CRUEL, INHUMANE AND DEGRADING PUNISHMENT” IN THE FACE OF SOUTH AFRICAN PRISON CONDITIONS?
The use of the death penalty as a form of punishment can be traced back to the earliest human civilisations. …