718 publication(s) trouvée(s)
Article scientifique
The Legal Implications of Sithole v Sithole 2021 5 SA 34 (CC) on African Spouses in Old Civil Marriages
In Sithole v Sithole 2021 5 SA 34 (CC) the Constitutional Court held that the differentiation in the default matrimonial …
Article scientifique
Rebooting State-Owned Companies in South Africa: Exploring the Viability of Singapore's State Holding Company (Temasek) Model of Ownership and Control
This paper joins the growing discourse in search of a responsive governance model for state-owned companies (SOCs) in South Africa …
Article scientifique
A Case for the Need to Improve the Unilateral Double Taxation Relief for Estate Duty in South Africa
This article aims to address a specific problem statement, namely how the unilateral relief under the Estate Duty Act can …
Article scientifique
Structural Interdictics for Environmental Rights Violations? South African Human Rights Commission v Msunduzi Local Municipality (8407/2020P) [2021] ZAKZPHC 35 (17 June 2021)*
The environmental right, as provided in section 24 of the Constitution of the Republic of South Africa, 1996 (Constitution), read …
Article scientifique
A Statutory Analysis of the Role of the Courts in Protecting Financial Consumers' Rights in the Zimbabwean Banking Sector: The Penelope Case in Context
Abstract The Zimbabwean banking sector has experienced several tumultuous challenges since 2000. This is owing chiefly to the political and …
Article scientifique
A Commentary on the Jurisdictional Challenges in the Rand- Dollar Exchange Manipulation "Cartel": Competition Commission of South Africa v Bank of America Merrill Lynch International Designated Activity Company [2023] ZACT 26 (30 March 2023)
Cartels are the most egregious of competition law transgressions, because they entail a concerted effort on the part of cartel …
Article scientifique
A Comparative Analysis of the Design and Implementation of the Twin Peaks Model of Financial Regulation in South Africa and Australia
Abstract In response to the 2007-2009 global financial crisis, South Africa, like most other countries, embarked on a journey of …
Article scientifique
The Protection of Human Rights in South Africa: Unpacking the Duty of the State to Realise the Right to Development
The 1986 United Nations Declaration on the Right to Development (DRTD) presents a multifaceted framework that blends political aspirations with …
Article scientifique
Advancing the Protection of the Right to Freedom of Religion in South Africa
Since the inception of South Africa's democracy, the Constitutional Court has been confronted with only a few challenges regarding the …
Article scientifique
The Recognition and Regulation of Smart Contracts in South Africa
Our understanding of contracts continues to evolve. Electronic contracts that have typically taken the form of shrink-wrap, click-wrap, web-wrap, scroll-wrap, …
Article scientifique
Does Article 4(1)(a) of the Marrakesh Treaty Require Limitation to Adaptation Rights? Blind SA v Minister of Trade, Industry and Competition (CCT 320/21) [2022] ZACC 33 (21 September 2022)
Central to this contribution is Article 4(1)(a) of the Marrakesh Treaty, which the Constitutional Court used to limit the exclusive …
Article scientifique
The Inclusion-Stability, Integrity and Protection (I-SIP) Methodology and the Legal Framework to Promote Financial Inclusion in South Africa
Studies have established that promoting financial inclusion in tandem with traditional financial sector policy and regulatory objectives such as financial …
Article scientifique
An Overview of the Extent of the Powers of South African Competition Authorities in the Regulation of Price Discrimination under the Competition Act 89 of 1998 in the Context of Digital Transformation
The purpose of the Competition Act 89 of 1998 as amended (the Competition Act) is, among others, to promote the …
Article scientifique
"Cause of Action": How Could the Supreme Court of Appeal Get it so Wrong? Olesitse v Minister of Police (SCA) (Unreported) Case No: 470/2021 of 15 June 2022
This contribution contends that in holding that the once-and-for-all rule was applicable in Olesitse NO v Minister of Police the …
Article scientifique
The Potential of Spatial Planning as a Tool for Cities' Pursuit of Sustainable Development Goal 11 in Zimbabwe
This article analyses the extent to which the applicable legal and policy frameworks in Zimbabwe enable cities to use spatial …
Article scientifique
The Municipal Accountability in Service Delivery: Featherbrooke Homeowners Association v Mogale City Local Municipality
In the case of Featherbrooke Homeowners Association NPC v Mogale City Local Municipality the Johannesburg High Court presided over a …
Article scientifique
Improving Compliance with Section 4(1) of the Recognition of Customary Marriages Act 120 of 1998: Registration of Customary Marriages
The article investigates the compliance with section 4(1) of the Recognition of Customary Marriages Act (hereafter the RCMA). The section …
Article scientifique
Safeguarding the Rights of Children Living in Kinship Care in South Africa
By the early 2000s the practice of using the foster care system as a measure to subsidise the income of …
Article scientifique
Strengthening Law Enforcement to Address White-Collar Financial Crime in South Africa's Private Sector
With the government's focus on combatting public sector corruption and violent crime, the plight of white-collar financial crime in the …
Article scientifique
Transitional Justice in Anglophone Cameroon: Perspectives and lessons from South Africa and Rwanda
Since the fall of 2016, Anglophone Cameroon has endured the scorching stench of an internal political conflict between security forces …