718 publication(s) trouvée(s)
Article scientifique
An Analysis of the Role of African Values, Traditions and Morals in the Interpretation of Children's Rights
Both the African Charter on Human and Peoples' Rights (ACHPR) and the African Charter on the Rights and Welfare of …
Article scientifique
A Comparative Analysis of the Treatment of Inflation in South African Capital Gains Tax and the Accrual Systems
Inflation is often defined as a continuous and considerable rise in prices in general. Recently it has become a focal …
Article scientifique
Endumeni and the Parol Evidence Rule: Do They Coexist?
A recent judgment of the SCA in Capitec Bank Holdings v Coral Lagoon Investments suggested that the parol evidence rule …
Article scientifique
A Brief Analysis of the Judgment in Women's Legal Centre Trust v President of the Republic of South Africa 2022 5 SA 323 (CC)
On 28 June 2022 the apex or Constitutional Court (CC) handed down a much-awaited judgment which impacts upon Muslim marriages …
Article scientifique
Clearing the Red Tape – Towards a Balanced Regulatory Framework for Early Childhood Development
The state of early childhood development (ECD) provisioning in South Africa is dire. An onerous regulatory regime is one factor …
Article scientifique
The Obligation on Landowners to Accommodate ESTA Occupiers on their Land: Critically Analysing Daniels v Scribante 2017 4 SA 341 (CC)
In Daniels v Scribante (hereafter the Daniels case) the Constitutional Court had to decide whether: (a) the Extension of Security …
Article scientifique
Hate Speech in the Equality Act Following the Constitutional Court Judgment in Qwelane v SAHRC
In its judgment in Qwelane v South African Human Rights Commission 2022 2 BCLR 129 (CC), the Constitutional Court declared …
Article scientifique
Does Mistaken Belief in Consent Constitute a Defence in South African Rape Cases?
In the 2020 case of Coko v S 2022 1 SACR 24 (ECG), the Eastern Cape High Court held that …
Article scientifique
Other Effective Area-Based Conservation Measures, Biodiversity Stewardship and Statutory Intervention – A South African Perspective
Area-based approaches are a central component of global efforts to conserve biodiversity. While the focus of many countries has been …
Article scientifique
Legislative Oversight and Executive Accountability in South Africa
A glance at political theory reveals a preoccupation with the corrosive nature of power, in particular with how to ensure …
Article scientifique
Children's Right to Education versus their Right to Religion and Culture in South Africa: With Specific Reference to the Wearing of a Headscarf in South African School
In terms of section 29(1) of the Constitution of the Republic of South Africa, 1996 (the Constitution), ''everyone has the …
Article scientifique
Transitioning Old Order Mining Rights into New Mining Rights: A Critical Analysis
The transformation of the mining industry has been a recurrent issue since the drafting of the Freedom Charter of 1955 …
Article scientifique
Section 30P of the Pension Funds Act: A Review, Appeal or What?
Section 30P of the Pension Funds Act 24 of 1956 (hereafter PFA) is an important procedural tool that allows those …
Article scientifique
Consent and Other Ancillary Matters as Requirements of a Customary Marriage: LNM v MMM (2020/11024) [2021] ZAGPJHC 563 (11 June 2021)
Consent may be seen as a fundamental human right. On the issue of marriage, people should only be married with …
Article scientifique
The Jurisdiction of the Advertising Regulatory Board over non-members: The Supreme Court of Appeal confirms its Herbex-order in the Bliss-matter
This contribution seeks to answer the following question: To what extent does the Advertising Regulatory Board (ARB), as a public …
Article scientifique
Is the Writing on the Wall for the Genetic Link Requirement in Surrogacy Agreements?
For a valid surrogate motherhood agreement, section 294 of the Children's Act 38 of 2005 provides that the child born …
Article scientifique
The African Union's Self-Financing-Mechanism: A Critical Analysis in terms of the World Trade Organisation's Rules and Regulations
The purpose of this paper is to critically analyse from a theoretical perspective the compatibility of the African Union's (AU's) …
Article scientifique
Policy Considerations that Could Justify the Enactment of a Crime Victim Compensation Fund in South Africa
It may be argued that the current legal position relating to crime victim compensation is unsatisfactory. It should therefore be …
Article scientifique
Some Legal Options to Ensure the Protection of South Africa's Utilisable Groundwater Resources
Groundwater, which is water that is found underground, is less susceptible than surface water resources to evaporation, and thus offers …
Article scientifique
Prioritising Command-and-Control Over Collaborative Governance: The Role of the Information Regulator Under the Protection of Personal Information Act
Although the Protection of Personal Information Act 4 of 2013 (POPIA) wholeheartedly adopts the command-and-control features of the EU General …