392 publication(s) trouvée(s)
Article scientifique
TACIT CHOICE OF LAW IN INTERNATIONAL COMMERCIAL CONTRACTS: PROGRESS OR STAGNATION IN THE COMMON- LAW JURISDICTIONS?
The English common-law rules of private international law have, to a large extent, been replaced by European conflicts-law regulations in …
Article scientifique
CLAIMS FOR A STATEMENT AND DEBATEMENT OF ACCOUNT: PRINCIPLES AND PROCESS
Where a party is owed a sum of money by another party but is unable to quantify the claim because …
Article scientifique
JUDICIAL SCRUTINY OF DERIVATIVE MISCONDUCT IN SOUTH AFRICAN EMPLOYMENT LAW: A CAREFUL APPROACH TO THE DUTY TO SPEAK
The concept of derivative misconduct has in the past come to the aid of employers in disciplining employees who are …
Article scientifique
MANDATORY COVID-19 VACCINATIONS AT UNIVERSITIES IN SOUTH AFRICA: GUIDANCE FROM THE UNITED STATES AND THE EUROPEAN UNION
During the past two decades, immunisation has saved millions of lives and prevented countless illnesses and disabilities in South Africa. …
Article scientifique
LOCATION, LOCATION, LOCATION! AN ANALYSIS OF THE LEGAL GROUNDS FOR REQUIRING ALTERNATIVE ACCOMMODATION TO BE PROVIDED CLOSE TO THE EVICTION SITE
This article explores the notion of “location” in respect of the State’s housing duty, especially in respect of emergency housing. …
Article scientifique
THE FISCAL AUTONOMY OF SOUTH AFRICAN MUNICIPALITIES TO LEVY RATES: AN APPRAISAL OF City of Johannesburg Metropolitan Municipality v Zibi [2021] ZASCA 97
The Constitution of the Republic of South Africa, 1996 protects the fiscal autonomy of local government. Integral to this autonomy, …
Article scientifique
A CRITICAL EVALUATION OF WHETHER BENEFITS PROVIDED FOR IN COIDA FALL WITHIN THE AMBIT OF THE CONSTITUTIONAL RIGHT TO ACCESS SOCIAL SECURITY PROTECTED IN SECTION 27(1)(c) OF THE CONSTITUTION
The right to access social security is a constitutionally entrenched right. Section 27(1)(c) of the Constitution provides that everyone has …
Article scientifique
ABANDONMENT OF RIGHTS TO MINERALS GRANTED IN TERMS OF THE MINERAL AND PETROLEUM RESOURCES DEVELOPMENT ACT
A peculiar feature of the Mineral and Petroleum Resources Development Act (MPRDA) is the mention of the possibility of abandoning …
Article scientifique
HOLDING THE EXECUTIVE TO ACCOUNT? Public Protector v President of the RSA 2021 (9) BCLR 929 (CC)
This case is part of a growing body of jurisprudence relating to the Public Protector (PP). In particular, it concerns …
Article scientifique
THE ROLE OF THE COURTS IN THE PUBLIC POLICY DOMAIN IN SOUTH AFRICA
During the pre-democratic constitutional dispensation, South African public law was marked by the pre-eminence of the executive and the legislature …
Article scientifique
A SHORT CRITIQUE OF MINIMUM SENTENCES
The state has a constitutional duty to respect, promote and protect the rights of citizens. To this end, every citizen …
Article scientifique
NOTES ON THE LEGAL LIABILITY OF MINING COMPANIES FOR THE PUMPING OF EXTRANEOUS WATER FROM DEFUNCT UNDERGROUND WORKINGS: LEGAL UNCERTAINTIES ILLUSTRATED BY Ezulwini Mining Company Pty Ltd v Minister of Mineral Resources and Energy [2021] ZAGPPHC 4
In 2015, the 193 United Nations (UN) member states adopted the UN 2030 Agenda for Sustainable Development, which includes a …
Article scientifique
DEINDIVIDUATION AND CRIMINAL RESPONSIBILITY
This contribution assesses the social-psychological concept of deindividuation in the particular context of its use in instances of crowd violence …
Article scientifique
JUDICIAL REVIEW IN SOUTH AFRICA AND INDIA: ADVANCING CONSTITUTIONALISM OR UNDUE ACTIVISM?
The Supreme Court of India and the Constitutional Court of South Africa, as apex courts, also function as guardians of …
Article scientifique
THE SEARCH WARRANT PROVISIONS OF THE CYBERCRIMES ACT AND THEIR RELATIONSHIP WITH THE CRIMINAL PROCEDURE ACT
The recently enacted Cybercrimes Act 19 of 2020 regulates the powers of the police and investigators to investigate cybercrimes. Chapter …
Article scientifique
IMPACT OF THE KOMAPE JUDGMENT ON THE SOUTH AFRICAN COMMON LAW OF DELICT: AN ANALYTICAL REVIEW Komape v Minister of Basic Education [2020] 1 All SA 651 (SCA); 2020 (2) SA 347 (SCA)
In a rare case where the State is mulcted with delictual damages for failure to discharge their constitutional obligations to …
Article scientifique
THE ROLE OF THE MAGISTRATE IN EXTRADITION PROCEEDINGS IN SOUTH AFRICA: MEANING OF “FAIR TRIAL” AND “COMPETENT COURT” IN A REQUESTING STATE
The Extradition Act provides for two general modes of extradition: extradition to foreign states and extradition to associated states. In …
Article scientifique
DOES THE PRESCRIPTION ACT APPLY TO CLAIMS UNDER THE LABOUR RELATIONS ACT?
The applicability or otherwise of the Prescription Act 68 of 1969 to claims under the Labour Relations Act 66 of …
Article scientifique
NEW EASTERN CAPE TOURISM LEGISLATION
At the end of 2003, the Eastern Cape Province brought its tourism legislation up to date with the recent relevant …
Article scientifique
GESKIEDENIS VAN DIE MANLIKE EERSGEBOORTE- REGSREëL IN DIE INHEEMSE REG DEEL III: VOORSTELLE VAN DIE SUID-AFRIKAANSE REGSKOMMISSIE
In Part III of this article various statutory implications for and recommendations of the South African Law Reform Commission regarding …