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2991 publication(s) trouvée(s)
Article scientifique
SECTION 4(1)(b) OF THE DEEDS REGISTRIES ACT 47 OF 1937 AS A REMEDY FOR THE MISTAKEN TRANSFER OF LAND Bester NNO v Schmidt Bou Ontwikkelings CC [2012] ZASCA 125 (21 September 2012)
The deeds office practice was recently (dis)honoured by the Supreme Court of Appeal’s (SCA) decision in Bester NNO v Schmidt …
Article scientifique
A CRITICAL ANALYSIS OF THE DECISION OF THE CONSTITUTIONAL COURT* Maphango v Aengus Lifestyle Properties (Pty) Ltd 2012 (3) SA 531 (CC)
The pursuit of access to better economic opportunities such as decent jobs has resulted in an astronomic influx of people …
Article scientifique
Religious spaces as continually evolving modernities: Forms of encounter with modernity in Christian Orthodoxy and Islam
The present study deals with the encounter with modernity in two neighbouring religious spaces: Christian Orthodoxy and Islam. Relying on …
Article scientifique
METHODS TO USE WHEN TEACHING LEGAL ETHICS IN SOUTH AFRICA
Teaching legal ethics must be more than just compliance with the requirements of the legal profession but also an opportunity …
Article scientifique
THE AFRICAN CHARTER ON HUMAN AND PEOPLES’ RIGHTS, ITS REGIONAL SYSTEM, AND THE ROLE OF CIVIL SOCIETY IN THE FIRST THREE DECADES: CALIBRATING THE “PAPER TIGER”
Neither has any other human-rights treaty received as much vitriolic bashing as the African Charter on Human and Peoples’ Rights …
Article scientifique
THE OFFENCE OF BEING FOUND IN DISGUISE IN SUSPICIOUS CIRCUMSTANCES
The statutory criminal prohibition on the use of disguises in suspicious circumstances has a venerable history in South African law. …
Article scientifique
CHILDREN’S EVIDENCE IN SEXUAL CASES IN THE CONTEXT OF S v QN 2012 (1) SACR 380 (KZP)
This case note considers a number of issues in the context of the case of S v QN (2012 (1) …
Article scientifique
THE TRUST AS SPECIAL-PURPOSE INSTITUTION
The trust figure has undergone interesting developments in South African law during the last century. Due to its flexibility and …
Article scientifique
ANCIENT RITUALS AND THEIR PLACE IN THE MODERN WORLD: CULTURE, MASCULINITY AND THE KILLING OF BULLS – PART TWO
Each year in KwaZulu-Natal, South Africa, a ceremony is held by the Zulu people in honour of the “first fruits”. …
Article scientifique
IN DISSENT: A CRITICAL REVIEW OF THE MINORITY JUDGMENT OF YACOOB J Le Roux v Dey 2011 (3) SA 274 (CC)
The facts of Le Roux v Dey (2011 (3) SA 274 (CC)) are so well-known that they have become public …
Article scientifique
JUDICIAL RECOGNITION OF THE APPLICATION OF THE MAXIM RES IPSA LOQUITUR TO A CASE OF MEDICAL NEGLIGENCE Lungile Ntsele v MEC for Health, Gauteng Provincial Government (unreported as yet, Case Number: 2009/52394 (GSJ) dated 24 October 2012)
It is trite law, in context of medical negligence, that the onus of establishing civil liability on the doctor’s part …
Article scientifique
HATE CRIMES AGAINST BLACK LESBIAN SOUTH AFRICANS: WHERE RACE, SEXUAL ORIENTATION AND GENDER COLLIDE (PART II)
This article, which is the second of a two-part submission, examines the South African legal position pertaining to sexual offences …
Article scientifique
Neville Alexander’s Warning
Commentary
Article scientifique
THE TRANSFORMATIVE POTENTIAL OF THE CONSTITUTIONAL ENVIRONMENTAL RIGHT OVERLOOKED IN GROOTBOOM
It is axiomatic that Grootboom (Government of the Republic of South Africa v Grootboom 2001 (1) SA 46 (CC) hereinafter …
Article scientifique
HUNG OUT TO DRY? ATTORNEY-CLIENT CONFIDENTIALITY AND THE REPORTING DUTIES IMPOSED BY THE FINANCIAL INTELLIGENCE CENTRE ACT 38 OF 2001
According to the South African Law Reform Commission, money laundering is the manipulation of illegally acquired wealth in order to …
Article scientifique
CULTURAL IDENTITY, TRADITION, AND THE RITUAL KILLING OF BULLS – A NOTE ON A RECENT DECISION OF THE FRENCH CONSTITUTIONAL COUNCIL ON THE LEGALITY OF BULLFIGHTING
In a recent two-part article in this journal, the authors of this note analysed the controversy surrounding the ritual bull-killing …
Article scientifique
A COMPARATIVE EXPOSITION OF THE LAW OF HUSBAND AND WIFE IN TERMS OF ISLAMIC LAW, SOUTH AFRICAN LAW AND THE LAW OF ENGLAND AND WALES ‒ PART TWO
The article discusses and compares the dissolution of a marriage as well as the legal consequences thereof in Islamic law, …
Article scientifique
PROTECTING A WIFE FINANCIALLY AT THE TIME OF DIVORCE – A COMPARISON BETWEEN SOUTH AFRICAN WOMEN MARRIED IN TERMS OF SOUTH AFRICAN CIVIL LAW AND ISLAMIC LAW, WITH SPECIFIC REFERENCE TO THE MAHR
This article compares the South African civil-law and Islamic-law positions with regard to the financial protective measures available to a …
Article scientifique
THE CRIME OF DEFAMATION – STILL DEFENSIBLE IN A MODERN CONSTITUTIONAL DEMOCRACY?
The crime of defamation, known as criminal libel in some jurisdictions, has (along with associated “insult laws”) been identified in …
Article scientifique
THE CONSTITUTIONAL ROLE OF THE JUDICIARY IN CASES OF SEXUAL GBV: AN ANALYSIS OF TSHABALALA v S; NTULI v S 2020 (5) SA 1 (CC)
The Constitution of the Republic of South Africa is the supreme law, and it imposes obligations on all arms of …