392 publication(s) trouvée(s)
Article scientifique
ELECTRONIC PERSONS IN CONTRACTS
Contemporary technological developments have already progressed far beyond the electronic and digital transactions recognised under the Electronic Communications and Transactions …
Article scientifique
RE-THINKING MANDATORY AUDITOR ROTATION: A COMPARATIVE ANALYSIS
Since formation of the European Union, there has been a worldwide upsurge in regulation of the auditing profession, which has …
Article scientifique
THE IMPORTANCE OF GRADUATE ATTRIBUTES IN PREPARING LAW STUDENTS FOR LEGAL PRACTICE
The gap between university legal education and legal practice significantly contributes to the view that most law graduates are substantially …
Article scientifique
LIMITATION OF PARENTAL CONSENT IN RESPECT OF VACCINATIONS IN SOUTH AFRICA: GUIDANCE FROM THE UNITED KINGDOM AND THE UNITED STATES
For decades, immunisation has saved millions of lives in South Africa and prevented countless illnesses and disabilities in South Africa. …
Article scientifique
A CRITICAL LEGAL PERSPECTIVE ON STATUTORY INTOXICATION – TIME TO SOBER UP?
Intoxication has been a phenomenon since time immemorial. Alcoholic beverages play a central role in South African life and culture. …
Article scientifique
REGISTRATION OF CUSTOMARY MARRIAGES IN SOUTH AFRICA: A CASE FOR MANDATORY REGISTRATION
Despite the enactment of the Recognition of Customary Marriages Act 120 of 1998 (the Recognition Act), many customary marriages remain …
Article scientifique
DRAFTING DEFINITIONS WITH POLISEMY AND SEMANTIC CHANGE IN MIND
Legislative definitions must be as clear and precise as possible. Different sources for legislative drafting provide guidelines on how to …
Article scientifique
MUTILATION OF THE INDEPENDENCE OF THE JUDICIARY: THREATS, INTIMIDATION AND CONSTITUTIONAL AMENDMENTS IN ZIMBABWE
Zimbabwe adopted a new Constitution in 2013. It was widely believed that the new Constitution would deepen democracy and constitutionalism. …
Article scientifique
THE APPLICATION FOR LEAVE TO APPLY TO COURT FOR REVIEW OF A SCHEME OF ARRANGEMENT IN TERMS OF SECTION 115 OF THE COMPANIES ACT 71 OF 2008 Sand Grove Opportunities Master Fund Ltd v Distell Group Holdings Ltd [2022] ZAWCHC 46
Schemes of arrangement in terms of section 114 of the Companies Act 71 of 2008 (the Companies Act) have become …
Article scientifique
THE CONFLICT BETWEEN CERTAIN CAPITAL ALLOWANCES IN THE INCOME TAX ACT AND THE SPECIAL ECONOMIC ZONES POLICY OBJECTIVES
Through various incentives, special economic zones (SEZs) aim to promote industrial capacity development, create jobs and stimulate the South African …
Article scientifique
THE CONSTITUTIONAL RIGHT OF ACCESS TO SOCIAL SECURITY: PART II PROPOSED SOLUTIONS
This is the second of two articles dealing with the constitutional right to have access to social security in South …
Article scientifique
THE RELATIONSHIP BETWEEN THE DIFFERENT TYPES OF TERMS IMPLIED INTO CONTRACTS (PART II)
In the first part of this contribution, I showed that the different categories of implied terms of a contract flow …
Article scientifique
GESKIEDENIS VAN DIE MAN- LIKE EERSGEBOORTEREGSREëL IN DIE INHEEMSE REG DEEL II: ONLANGSE REGSPRAAK
This article explores the recognition of the male primogeniture rule in the customary law of succession. In the first of …
Article scientifique
GET WITH THE BEAT! THE REGULATION OF UNDERWATER NOISE IN SOUTH AFRICA
Anthropogenic noise in the oceans, including from shipping and seismic surveys, is of concern as it often adversely impacts marine …
Article scientifique
PARENTAL RIGHTS TO PARTICIPATE IN A CHILD’S PERSONALITY DEVELOPMENT AND ITS RELIGIOUS AND MORAL UPBRINGING AND THE CHILD’S RIGHT TO FREEDOM OF CHOICE: OBSERVATIONS ON THE FIELD OF TENSION CAUSED BY THE IRRATIONAL IN A HUMAN RIGHTS DISPENSATION
One of the factors that must be taken into account in child custody cases is the religious upbringing of the …
Article scientifique
CLARIFYING THE POWER OF THE SOUTH AFRICAN HUMAN RIGHTS COMMISSION TO TAKE STEPS TO REDRESS THE VIOLATION OF HUMAN RIGHTS: A DISCUSSION OF South African Human Rights Commission v Agro Data CC [2022] ZAMPMBHC 58
This case note proceeds as follows. First, it sets out the powers of the Commission in terms of the Constitution …
Article scientifique
A CRITICAL APPRAISAL OF THE PRINCIPLES RELATING TO MISTAKE AND MISREPRESENTATION AS FACTORS AFFECTING CONSENSUS IN CONTRACTUAL AGREEMENTS IN THE NAMIBIAN CONTEXT: DISCUSSION THROUGH THE USE OF EXAMPLES
This article suggests that when those engaging in commercial undertakings have a proper understanding of the principles of the law …
Article scientifique
THE DOMESTIC VIOLENCE ACT 116 OF 1998: OFFENCES, DEFENCES, ECONOMIC ABUSE, IMMINENT HARM AND THE CRIME OF DOMESTIC ABUSE– WHAT IS NEW?
Recent tragedies relating to gender-based violence have drawn attention to the current state of our relevant law. This article focuses …
Article scientifique
SOUTH AFRICA’S RESPONSE TO THE DIGITAL ECONOMY’S DIRECT TAX CHALLENGES – PART 1
International tax rules were developed more than a century ago. At their core is the principle that profits should be …
Article scientifique
PROTECTING THE RIGHT TO IDENTITY AGAINST CATFISHING: WHAT’S THE CATCH?
Catfishing is a common social media phenomenon affecting a person’s right to identity. It involves using a person’s image without …