392 publication(s) trouvée(s)
Article scientifique
THE (IN)EFFECTIVENESS OF REQUIRING PRIOR EXHAUSTION OF LOCAL REMEDIES IN INVESTMENT ARBITRATION
The international investment-law regime continues to be mired in a legitimacy crisis that has given rise to important multilateral reform …
Article scientifique
CHERISHING CUSTOMARY LAW: THE DISPARITY BETWEEN LEGISLATIVE AND JUDICIAL INTERPRETATION OF CUSTOMARY MARRIAGES IN SOUTH AFRICA
The constitutional recognition of customary law in South Africa has opened a new conduit for the development of customary law. …
Article scientifique
INTERROGATING THE RIGHT TO BASIC EDUCATION OF UNDOCUMENTED CHILDREN IN THE CONTEXT OF THE CALL FOR THEIR EXCLUSION FROM PUBLIC SCHOOLS IN SOUTH AFRICA
The right to basic education is recognised as a fundamental human right that is guaranteed to everyone, including undocumented children …
Article scientifique
(IN)EQUALITY IN PROPERTY OWNERSHIP: THE RHETORIC OF HOMELESSNESS
Given South Africa’s shameful apartheid past, equality before the law should seep through every stratum of its society. Arguably, equality …
Article scientifique
PROTECTION OF INFORMATIONAL PRIVACY IN THE WORKPLACE GIVEN THE ADVANCEMENT IN TECHNOLOGY
The introduction of electronic communication in the workplace has changed how employers conduct their business and, in turn, the way …
Article scientifique
DECOLONISING LABOUR LAWS AND REPOSSESSING SUBALTERN EPISTEMOLOGIES: A REVIEW OF SOUTH AFRICAN AND NAMIBIAN MINEWORKERS’ FIGHT FOR LABOUR RIGHTS
In the historical and current transformation discourses in South Africa and Namibia, the concept of decolonisation is no longer a …
Article scientifique
AN EVALUATION OF ALTERNATIVE DISPUTE RESOLUTION MECHANISMS IN THE AFRICAN REGION
Alternative dispute resolution (ADR) in Africa is growing and flourishing but the region is not a global leader in conflict …
Article scientifique
FACILITATING AUTOMATIC EXCHANGE OF INFORMATION ON BLOCKCHAIN: A SOUTH AFRICAN PERSPECTIVE
Exchange of information is a mechanism that enables tax authorities to share tax information across borders. Exchange of information curtails …
Article scientifique
THE LEGAL DILEMMA OF MANAGING AND REGULATING PRIVATE CONSUMPTION OF CANNABIS IN RELATION TO THE WORKPLACE
In South Africa, consumption of cannabis was a criminal offence in past decades. However, in September 2018, the Constitutional Court …
Article scientifique
THE IMPACT OF THE SOUTH AFRICAN ELECTORAL SYSTEM ON LEGISLATIVE OVERSIGHT
This study investigates the relationship between the South African electoral system and its consequential effects on legislative oversight. Through an …
Article scientifique
AN APPRAISAL OF THE ROLE OF RITUALS AND THEIR WAIVER IN THE CONCLUSION OF A CUSTOMARY MARRIAGE
The validity of customary marriages remains a topical issue in South Africa and the most litigated aspect of customary law. …
Article scientifique
A HUMAN RIGHTS-BASED APPROACH TO SUSTAINABLE DEVELOPMENT IN AFRICA POST- COVID-19
The worst global disaster of the twenty-first century so far, COVID-19, has caused major disruption to people’s lives and livelihoods …
Article scientifique
A “SIGN” OF THE TIMES: A BRIEF CONSIDERATION OF THE VALIDITY OF E-SIGNATURES IN AGREEMENTS AND AFFIDAVITS IN SOUTH AFRICAN LAW
The evolution of technology has changed business practices all over the world. Owing to technological and e-commerce developments, businesses can …
Article scientifique
ASSESSING THE INVESTIGATIVE POWERS OF THE COMPETITION COMMISSION IN MERGER REGULATION AND CHALLENGES POSED BY THE DIGITAL ERA S.O.S Support Public Broadcasting Coalition v South African Broadcasting Corporation (SOC) Limited [2018] ZACC 37
The South African Competition Commission (the Commission) is celebrated as the most efficient and effective body in implementing competition law. …
Article scientifique
INTERNATIONAL COMMERCIAL MEDIATION: INTERNATIONAL RECOGNITION AND ENFORCEMENT OF MEDIATION AGREEMENTS
Global economic output has increased dramatically due to an increase in cross border trade, the rise of multinational corporations and …
Article scientifique
LOCUS STANDI IN IUDICIO – THE RIGHT OF A PARENT TO CLAIM MAINTENANCE ON BEHALF OF AN ADULT DEPENDENT CHILD Z v Z 2022 (5) SA 451 (SCA)
This matter dealt with an appeal to the Supreme Court of Appeal (SCA) from the Eastern Cape Local Division of …
Article scientifique
IMPROVING AN EXISTING OR ERECTING A NEW OR ADDITIONAL STRUCTURE BY ESTA OCCUPIERS: AN ANALYSIS OF Daniels v Scribante 2017 (4) SA 341 (CC), Erasmus v Mtenje [2018] ZALCC 12, and De Jager v Mazibuko [2020] ZALCC 7
The conduct of occupiers (i.e., occupiers in terms of the Extension of Security of Tenure Act 62 of 1997 (ESTA)) …
Article scientifique
QUELLING THE RAGING FIRE: RESTORATIVE JUSTICE AS A RESPONSE TO VIGILANTISM IN SOUTH AFRICA
Vigilantism is a persistent problem in South Africa. The problem largely emanates from people’s dissatisfaction with how the police, or …
Article scientifique
APPLYING PROVISIONS ON FORFEITURE OF PATRIMONIAL BENEFITS TO POLYGYNOUS CUSTOMARY MARRIAGES
The purpose of forfeiture-of-patrimonial provisions (forfeiture) is to ensure that a person does not benefit from the dissolution of a …
Article scientifique
PROVIDING A LEGAL DEFINITION FOR CYBERBULLYING IN SOUTH AFRICA
Traditional bullying is not a new phenomenon, and this behaviour has plagued many countries. It has received a wide interpretation …