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Publications
2993 publication(s) trouvée(s)
Article scientifique
The protection of fundamental rights in the Netherlands and South Africa compared: can the many differences be justified?
This contribution considers the protection of fundamental rights in the Netherlands and South Africa. Both countries strive to be constitutional …
Article scientifique
Die Impak en Grondwetlikheid van die Reg om te Staak met Betrekking tot Noodsaaklike Dienste – 'n Vergelykende Studie
This article critically considers the application of and necessity for the right to strike, especially regarding employees that are employed …
Article scientifique
What Should the Board of Management of a Pension Fund Consider when Dealing with Death Claims Involving Surviving Cohabitants
This note argues that the Adjudicator’s determination Hlathi should be welcomed by the pension funds industry because it clarifies the …
Article scientifique
Liability for the Payment of Public School Fees
The author highlights some legal issues regarding the liability of parents and other individuals to pay public school fees in …
Article scientifique
Towards a Clearer Definition and Understanding of "Indigenous Community" for the Purposes of the Intellectual Property Laws Amendment Bill, 2010: En Exploration of the Concepts "Indigenous" and "Traditional"
Although "indigenous" and "traditional" are key concepts in the Intellectual Property Laws Amendment Bill of 2010, they are not defined …
Article scientifique
The Devil is in the Definition – Definitions and their Limited Use in Legal Problem Solving
The lawyer’s usual attempt to catch the meaning of a thing by entangling it in a net of words is …
Article scientifique
Rethinking Volks V Robinson: The Implications of Applying a "Contextaulised Choice Model" to Prospective South African Domestic Partnerships Legislation
The article considers certain critical failings of the so-called "choice argument" (that is the view that, by opting to cohabit …
Article scientifique
Artikel 2 (3) van die wet op testamente: 'n Praktiese probleem by Litigasie
When considering applications in terms of section 2(3) of the Wills Act 7 of 1953, one is confronted with the …
Article scientifique
Korporatiewe Identiteit as Grondslag van die Strafregtelike Aanspreeklikheid van Regspersone (1): Teoretiese Grondbeginsels
The different models for the criminal liability of juristic persons reveal a tension between individualist and realistic approaches. For individualists …
Article scientifique
Reflections on the Biowatch Dispute – Reviewing the fundamental rules on costs In the light of the needs of constitutional and/or public interest litigation
Using as a case study the recent decision on costs in the Biowatch matter, this article critically examines the traditional …
Article scientifique
The Enforceability of Illegal Employment Contracts according to the Labour Appeal Court Comments on Kylie v CCMA 2011 4 SA 383 (LAC)
The Labour Appeal Court in Kylie v CCMA decided the vexed question as to whether or not the CCMA has …
Article scientifique
A Future Perspective on Constitutional Stability
The 2nd of February next year will be the twentieth anniversary of the beginning of the transformation process that led …
Article scientifique
The role of local government in evictions
Local government occupies a unique place in the South African system of government. This is circumscribed by the Constitution which …
Article scientifique
The Duty to Effect an Appropriate Mode of Payment to Minor Pension Beneficiaries under Scrutiny in Death Claims
his note focuses on the payment into a trust arrangement in favour of a minor beneficiary as contemplated in terms …
Article scientifique
An Embarrassment of Riches or a Profusion of Confusion An Evaluation of the Continued Existence of the Civil Union Act of 2006 in the Light of Prospective Domestic Partnerships Legislation in South Africa
As it stands, South African family law currently holds that the Marriage Act 25 of 1961 applies exclusively to the …
Article scientifique
The Concept of a "Decision" as the Threshold Requirement for Judicial Review in terms of the Promotion of Administrative Justice Act
The Promotion of Administrative Justice Act 3 of 2000 defines administrative action as “any decision [of a specified kind]" taken …
Article scientifique
South African Private Security Contractors Active in Armed Conflicts: Citizenship, Prosecution and the Right to Work
South Africa has adopted two pieces of legislation since 1998 aimed at restricting one of the fastest growing sectors of …
Article scientifique
Municipal Tender Awards and Internal Appeals by unsuccessful Bidders
In recent years, bidders aggrieved by municipal tender awards are increasingly resorting to Section 62 of the Local Government: Municipal …
Article scientifique
The Southern African Development Community Trade Legal Instruments Compliance with Certain Criteria of GATT Article XXIV
Article XXIV of the General Agreement on Tariffs and Trade (GATT) lays down the legal principles with which regional trade …
Article scientifique
Restitutionary Road: Reflecting on Good Governance and the Role of the Land Claims Court
Although 95% of all claims that had been submitted by 1998 have indeed been processed, a mere 49% of the …