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2993 publication(s) trouvée(s)
Article scientifique
The Requirement of Being a "Fit and Proper" Person for the Legal Profession
An important requirement for admission as an attorney or advocate is to be a "fit and proper" person. Lawyers are …
Article scientifique
Information and Knowledge Management at South African Law Firms
Global and national law firms alike operate in a challenging business environment and managing the firm's information and knowledge assets …
Article scientifique
A Brief Overview of the Civil Union Ac
The adoption of the Constitution of the Republic of South Africa, 1996 (the Constitution) has provided a sound framework for …
Article scientifique
Marimuthu Munien V BMW Financial Services (SA) (PTY) LTD Unreported Case No 16103/08 (KZD)
Section 129(1)(a) read with section 130(1) and 130(3) of the National Credit Act 34 of 2005 (the NCA) provides that, …
Article scientifique
Religious and Cultural Dress at School: A Comparative Perspective
This article investigates and compares the different approaches towards the dress code of learners[1] in South Africa and the United …
Article scientifique
Parallel Planning Mechanisms as a "Recipe for Disaster"
This note offers a critical reflection of the recent landmark decision in City of Johannesburg Metropolitan Municipality v Gauteng Development …
Article scientifique
Unpacking the Public Trust Doctrine: A Journey into Foreign Territory
The past decade has borne witness to the transformation of South Africa's natural resources law with the introduction of a …
Article scientifique
The Judiciary as a Bastion of the Legal order in Challenging Times
In recent times the judiciary has been under almost constant fire as a result of certain controversial events involving the …
Article scientifique
The Relationship between Restraints of Trade and Garden Leave
The purpose of the article is to examine the relationship between a so-called "garden leave" clause and a post-termination restraint …
Article scientifique
The South African constitutional Court and the Rule of Law: The Masethla Judgment, A Cause for Concern
The rule of law as a foundational constitutional value constrains the exercise of public power but the precise limits of …
Article scientifique
The world trade organisation and Human Rights: The role of principles of Good Governance
The present article attempts to determine the role of principles of good governance in the discussion regarding the World Trade …
Article scientifique
National Credit Regulator Versus Nedbank Ltd and the Practice of Debt Counselling in South Africa
The National Credit Regulator approached the then Transvaal Provincial Division of the High Court in 2008 by way of a …
Article scientifique
The Status and Role of Legislation In South Africa as a Constitutional Democracy: Some Exploratory Observatio
This note explores the proposition that in the face of probably one of the most unequivocal forms of constitutional review …
Article scientifique
The Establishment of Kingdoms and the Identification of Kings and Queens in terms of the Traditional Leadership and Governance Framework Act 41 of 2003
The Traditional Leadership and Governance Framework Act 41 of 2003 provides, amongst others matters, for the recognition of kings and …
Article scientifique
The Good, the Bad and the Ugly: Using good and Cooperative Governance to improve Environmental Governance of South African World Heritage sites: A Case Study of the Vredefort Dome
South Africa became a signatory to and ratified the World Heritage Convention, 1972 (WHC) in 1997. It thereby voluntarily agreed …
Article scientifique
The Right to Self-Determination of Cultural, Religious and Linguistic Communities in South Africa
The South African nation comprises perhaps the most diverse plural composition in the entire world and is furthermore known for …
Article scientifique
The National Credit Act Regarding Suretyships and Reckless Lending
In terms of the National Credit Act a credit provider may conclude a credit agreement with a consumer only after …
Article scientifique
Public Interest Environmental Litigation: Recent Cases Raise Possible Obstacles
Despite the broadening of locus standi in environmental cases by both Section 38 of the Constitution of the Republic of …
Article scientifique
Protecting expressions of Folklore within the Right to Culture in Africa
This paper explores the protection of expressions of folklore within the right to culture in Africa by considering three issues, …
Article scientifique
The Role of Traditional Authorities in Developing Customary Laws in Accordance with the Constitution: Shilubana and Others v Nwamitwa 2008 (9) BCLR 914 (CC)
South African customary law is a body of law by which many South Africans regulate their lives in a multicultural …