392 publication(s) trouvée(s)
Article scientifique
INHEEMSE ERFOPVOLGINGSREG IN ZIMBABWE: LESSE VIR SUIDAFRIKA DEEL II: ERFOPVOLGINGSREG NA HERVORMING
In Part II of this article legal reform of the customary law of succession in Zimbabwe is considered with a …
Article scientifique
REVIEWING THE STATE OF SUSTAINABLE ENVIRONMENTAL PROTECTION IN THE WTO: SOME SIGNS OF A SLOW BUT PROGRESSIVE PARADIGM SHIFT
There has been a gradual change and paradigm shift in the multilateral trade sphere regarding the links between trade, sustainable …
Article scientifique
THE RIGHT TO FREEDOM OF EXPRESSION AND THE CRIMINAL LAW − THE JOURNEY THUS FAR
This article seeks to set out the application of the right to freedom of expression in the particular context of …
Article scientifique
LESSONS FOR SOUTH AFRICAN SOCIAL ASSISTANCE LAW FROM INDIA: PART 1 – THE TIES THAT BIND: THE INDIAN CONSTITUTION AND REASONS FOR COMPARING SOUTH AFRICA WITH INDIA
This is the first of two articles dealing with the constitutional right of access to social assistance in South Africa …
Article scientifique
UNDOING THE PAST THROUGH STATUTORY INTERPRETATION: THE CONSTITUTIONAL COURT AND MARRIAGE LAWS OF APARTHEID
Recent legal scholarship has increasingly focussed on the way in which the law can be employed as a strategy of …
Article scientifique
MOTIVATING LAW STUDENTS TO WRITE LIKE LAWYERS: CONTEXTUALISING LEARNING IN THE “WRITE IT LIKE A LAWYER” CASE STUDY
This article explores the incorporation of contextualisation as a teaching method in legal writing programmes in South African law schools. …
Article scientifique
INCITING VIOLENCE AND PROPAGATING HATE THROUGH THE MEDIA: RWANDA AND THE LIMITS OF INTERNATIONAL CRIMINAL LAW
The media played a significant role during the 1994 genocide in Rwanda. Media messages took two forms: incitement to kill …
Article scientifique
GENDER MAINSTREAMING – AN ETHICAL FEMINIST CONSIDERATION
In this article I tentatively consider the notion of gender mainstreaming from an ethical feminist perspective. Underlying this is a …
Article scientifique
AFFIRMATIVE ACTION FOR SOUTH AFRICAN CITIZENS: THE ROLE OF THE DEPARTMENT OF LABOUR
In the Auf der Heyde case the Labour Appeal Court held that in the South African context affirmative action should …
Article scientifique
HOW STANDARDS (SUCH AS XML) ACCOMPLISH ELECTRONIC AUTHENTICATION IN WEB SERVICES
Paper documents and “wet” signatures (made with ink) have given way to electronic data messages. This has led to problems …
Article scientifique
THE APPLICABILITY OF THE ISLAMIC LAW OF SUCCESSION IN SOUTH AFRICA
Islamic law is divine law since it is based on the totality of the commands of Allah as embodied in …
Article scientifique
THE EVOLUTION OF THE CONCEPT OF MARRIAGE IN SOUTH AFRICA: THE INFLUENCE OF THE BILL OF RIGHTS IN 1994
This contribution focuses on the changes that have been brought about by the Constitution of the Republic of South Africa, …
Article scientifique
DETERMINING “PERMANENT ESTABLISHMENT” IN THE DIGITAL ECONOMY EPOCH: A CASE FOR SOUTH AFRICA
This contribution analyses the concept of a “permanent establishment” in South Africa in light of the digital economy, and intends …
Article scientifique
SOCIAL INSURANCE COVERAGE FOR SADC MIGRANT WORKERS IN SOUTH AFRICA: A REGIONAL AND INTERNATIONAL FRAMEWORK COMPLIANCE ANALYSIS
South Africa is a migrant destination country, attracting migrant workers from SADC countries and other regions. SADC migrant workers are …
Article scientifique
TAKING LEGAL AID TO THE PEOPLE: UNLEASHING LOCAL POTENTIAL IN SOUTH AFRICA
Two of the principal elements necessary for the establishment, maintenance and expansion of legal aid services are funding and the …
Article scientifique
SUCCESSION, LIVING INDIGENOUS LAW AND UBUNTU IN THE CONSTITUTIONAL COURT
In Bhe v Magistrate Khayelitsha; Shibi v Sithole; SA Human Rights Commission v President of the Republic of South Africa …
Article scientifique
REGULATING DIRECTORS’ DUTIES AND SOUTH AFRICAN COMPANY LAW REFORM
It has for some time been apparent that South African company law needs to be comprehensively rewritten. Far-reaching changes have …
Article scientifique
THE DEVELOPMENT OF DEFENCES IN UNFAIR DISCRIMINATION CASES (PART 1)
All anti-discrimination legislation that applies in the employment context contains defences to or justifications for discrimination. In South Africa, the …
Article scientifique
FIGHTING FOOD INSECURITY, HUNGER, AND POVERTY: THE CONTENT AND CONTEXT OF THE SOCIO-ECONOMIC RIGHT OF ACCESS TO SUFFICIENT FOOD IN SOUTH AFRICA
Poverty, lack of access to food, low income, hunger, unemployment and malnutrition are all interrelated because they undermine fundamental human …
Article scientifique
ESTABLISHING A MARKET FOR HUMAN ORGANS* IN SOUTH AFRICA PART 2: SHORTCOMINGS IN LEGISLATION AND THE CURRENT SYSTEM OF ORGAN PROCUREMENT**
The present shortage of transplantable organs in South Africa may be attributed to inadequate legislation and the current system of …