718 publication(s) trouvée(s)
Article scientifique
The South African Class Action Mechanism: Comparing the Opt-In Regime to the Opt-Out Regime
In Mukaddam v Pioneer Food (Pty) Ltd 2013 2 SA 254 (SCA), Nugent JA stated that, once the class is …
Article scientifique
The Million Rand Question: Does a Civil Marriage Automatically Dissolve the Parties' Customary Marriage?
In 2016 the Eastern Cape Local Division in Mthata heard a claim by Mrs Winnie Madikezela-Mandela that, amongst other things, …
Article scientifique
Are Close of Pleadings now Irrelevant? An Evaluation of the Impact the Nkala Judgment has on Litis Contestatio
The position regulating close of pleadings in South African law of civil procedure has for a long time been unchallenged. …
Article scientifique
Standing on Unsteady Ground: AREVA NP Incorporated in France v Eskom SOC LTD
Areva NP Incorporated in France v Eskom Holdings SOC Ltd 2017 6 BCLR 675 (CC) was a dispute over a …
Article scientifique
Comparative Constitutional Theory
This contribution is a review of the research handbook in comparative constitutional law, titled Comparative Constitutional Theory edited by Gary …
Article scientifique
Re-Categorising Public Procurement in South Africa: Construction Works as a Special Case
Public procurement is generally known to be the acquisition of goods and services by the government from the private sector. …
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Sexual Harassment: Why do Victims so often Resign? E v Ikwezi Municipality 2016 37 ILJ 1799 (ECG)
This article endeavours to find answers to the question of why the victims of sexual harassment often resign after the …
Article scientifique
"The Common Law is … not what it used to be"*: Revisiting Recognition of a Constitutionally-Inspired Implied Duty of Fair Dealing in the Common Law Contract of Employment (Part 2)
This piece, which is in three parts, will revisit the importation of fairness into the employment contract (outside and independent …
Article scientifique
The Duty to Produce One’s Firearm for Inspection in Terms of the Firearms Control Act: The Right to Silence under Siege?
The right of the arrested and accused persons to remain silent at pre-trial and during their trial are significant to …
Article scientifique
Comparative Constitutional Studies – Between Magic and Deceit
This contribution reviews the book by Günter Frankenberg titled Comparative Constitutional Studies – Between Magic and Deceit published by Edward …
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Preserving the Integrity of Medical-Related Information – How "Informed" is Consent?
Health care services are recognised as a right. These services are available to "everyone" who needs them. This availability ensures …
Article scientifique
The Scope of the Powers of the Minister of Finance in Terms of Section 48(1)(b) of the Customs and Excise Act 91 of 1964: An Appraisal of Recent Developments in Case Law
This paper evaluates the scope of the powers of the Minister of Finance upon a request from the Minister of …
Article scientifique
Publish or Perish. Perceived Benefits versus Unintended Consequences
This contribution reviews the book by Imad A Moosa entitled Publish or Perish. Perceived Benefits versus Unintended Consequences published by …
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Formal Regulation of Third Party Litigation Funding Agreements? A South African Perspective
In South Africa third party litigation funding agreement as a tool that provides access to justice is not legislated with …
Article scientifique
Modderklip Revisited: Can Courts Compel the State to Expropriate Property where the Eviction of Unlawful Occupiers is not Just and Equitable?
This article examines whether, to give effect to the section 26 constitutional right to adequate housing, courts can (or should) …
Article scientifique
Disposing of Bodies, Semantically: Notes on the Meaning of "Disposal" in S v Molefe
In S v Molefe the presiding officer determines the meaning of the word "disposal" at the hand of two criteria, …
Article scientifique
The Testamentary Trust: Is it a Trust or a Will? Hanekom v Voigt 2016 1 SA 416 (WCC)
The recent judgment in Hanekom v Voigt 2016 1 SA 416 (WCC) is evaluated in the light of the traditional …
Article scientifique
Parental Criminal Responsibility for the Misconduct of Their Children: A Consideration
This contribution examines parental criminal responsibility for the delinquent acts of their children. As South African law has been swayed …
Article scientifique
Integration of the Bride as a Requirement for a Valid Customary Marriage: Mkabe v Minister of Home Affairs 2016 ZAGPPHC 460
Since the Recognition of Customary Marriages Act 120 of 1996 was promulgated in 15 November 2000 the courts are faced …
Article scientifique
Aboriginal Customary Law: A Source of Common Law Title to Land
This contribution provides a short review of the book by Ulla Secher on aboriginal customary law as a source of …