718 publication(s) trouvée(s)
Article scientifique
A Patent Problem – When the Misapplication of Law Collides with an Error of Law: Villa Crop Protection (Pty) Ltd v Bayer Intellectual Property GmbH 2023 4 BCLR 461 (CC)
The judgment in Villa Crop Protection (Pty) Ltd v Bayer Intellectual Property GmbH 2023 4 BCLR 461 (CC) emanates from …
Article scientifique
Endumeni and Water Trading in the Superior Courts: Falling Short of a Unitary Approach to Statutory Interpretation
This article critiques recent decisions on water trading in the superior courts in light of the approach to statutory interpretation …
Article scientifique
Developing an Effective Regulatory Regime for E-Commerce in the Southern African Development Community (SADC): Proposed Solutions
The outbreak of the Coronavirus Pandemic (COVID-19) in 2019 has accelerated digital transformations particularly in the area of e-commerce. The …
Article scientifique
Towards a Sustainable Blue Economy for Namibia and Its Coastal Communities: A Contemporary Socio-Legal Perspective
Namibia's sustainable blue economy plan is influenced by the recognition that the typical single sector regulation approach to the aquatic …
Article scientifique
Socio-legal Reflections on Zimbabwe's Lithium Industry: The Role of Public Participation in Resource Governance and Environmental Justice
Zimbabwe has one of the largest lithium deposits in Africa. As the world strives to decarbonise and to relinquish energy …
Article scientifique
Towards a Justiciable Right to Basic Education in Nigeria: A Commentary on the Decision of the Court on the Legal Defence and Assistance Project (LEDAP)v Federal Ministry of Education
The right to basic education is a fundamental human right which is recognised globally for its vital role in the …
Article scientifique
The Judiciary's Contribution to Preventing Protected Area Downgrading, Downsizing, and Degazettement: Mining and Environmental Justice Community of South Africa v MEC for Agriculture, Rural Development Land and Environmental Affairs (1322/2021) [2024] ZAMPMBHC 48 (18 July 2024)
The Kunming-Montreal Global Biodiversity Framework, agreed to by parties to the Convention on Biological Diversity in 2022, commits all countries …
Article scientifique
Sentencing Rape Offenders in South Africa: Recent Case Law Sithole v S; Masango v S; Nyathi v S
South African criminal courts are inundated with rape trials. In reaction to the high rate of serious crime, the legislature …
Article scientifique
The Power to Deduct Pension Benefits Under Lesotho’s Pension Funds Act: Lessons from South Africa and Eswatini
The changing demands of society and the emergence of new challenges necessitate the constant evolution and improvement of legal frameworks. …
Article scientifique
Dispute Resolution in Sectional Title Schemes: Ideas for Improving the Ombud Service
Dispute resolution in sectional title schemes in South Africa has come a long way – from litigation, to the arbitration …
Article scientifique
A Cautious Approach Towards the Application of Team Misconduct - South African Commercial Catering and Allied Workers Union v Makgopela (2023) 44 ILJ 1229 (LAC)
The reality faced by the labour market is that employees are prone to committing acts of misconduct from time to …
Article scientifique
Prescription and Access to Redress for Consumers:A Consideration of the Prescription Provisions Under the Consumer Protection Acts of South Africa and India
The limitation that is placed on the institution of legal proceedings is considered as being important for the purposes of …
Article scientifique
Clarifying Misconceptions and Recentring the Debate on Heritable Human Genome Editing in South Africa: A Response to De Vries
This article responds to recent criticisms by Professor Jantina de Vries regarding my research group's position on the legal status …
Article scientifique
Reconsidering the Admissibility of Expert Forensic Evidence in South African Criminal Proceedings
Expert forensic evidence can be of great assistance in criminal proceedings. However, the question that must be answered is whether …
Article scientifique
A Critical Discussion of the Law Regarding the Recognition of Traditional Leaders and the Role of the Royal Families in South Africa
Traditional leadership is constitutionally entrenched in section 212 of the South African Constitution, 1996. As it is the oldest form …
Article scientifique
Spesiesisme, Antroposentrisme, en die Gebruik van die Holocaust-Metafoor in Dierebevrydingsdiskoers: 'n Reg-en-Letterkunde-Perspektief / Speciesism, Anthropocentrism, and the Use of the Holocaust Metaphor in Animal Liberation Discourse: A Law and Literature Perspective
In this article I illustrate the challenges accompanying the utilisation of law in the service of animal liberation and simultaneously …
Article scientifique
Forfeiture to the State: Using Grammar to Interpret Section 35 of the Criminal Procedure Act
Section 35(1)(a) of South Africa's Criminal Procedure Act 51 of 1977 allows a court of law to declare items forfeited …
Article scientifique
The Role and Mandate of the Motor Industry Ombudsman of South Africa: Addressing Prospects and Challenges to Enhance Consumer Protection
The Motor Industry Ombudsman of South Africa (MIOSA) is an industry ombud recognised under the Consumer Protection Act 68 of …
Article scientifique
Did the CPA Shut the Bathroom Doors for Transgender and Non-Binary People? A Critical Legal Reflection of Section 9(2) of the CPA
The Consumer Protection Act 68 of 2008 (CPA) introduced a variety of consumer rights that are intended to protect consumers …
Article scientifique
Liability for Damage Caused by Loadshedding: A Consideration of Whether Collective Action for Redress by Consumers in South Africa is Possible
The Consumer Protection Act 68 of 2008 (CPA) seeks to advance the social and economic welfare of consumers in South …