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Volume 18 Number 7 Year 2015

13 articles in this issue 

Christa Rautenbach

The last general issue of 2016 boasts 11 contributions dealing with a variety of issues. Chrizell Chürr compares some of the challenges experienced in the South African educational system with the situation in the German system to propose alternatives for... see more

 

Chrizell Chürr

It is a greater work to educate a child, in the true and larger sense of the word, than to rule a state.Education has, since the beginning of time, been regarded as the formal process by which society conveys its accumulated knowledge, skills, customs and... see more

 

Deon Erasmus, Angus Lloyd Hornigold

The traditional adversarial model of litigation in South Africa operates on the basis that two or more parties approach the court, each with its own desired outcome. The court is then obliged to decide in favour of one of the parties.A different model of ... see more

 

Wian Erlank

With a new era dawning with regard to access to space and an increase in the number of nations capable of reaching and exploiting space, the field of space law as a whole needs to be re-evaluated. One such area where current legal thinking needs to be exa... see more

 

Evode Kayitana

Under the "complementarity" regime of the Rome Statute of the International Criminal Court (ICC), the jurisdiction of the ICC is secondary to the jurisdiction of domestic courts. States Parties, not the ICC, have the primary responsibility of investigatin... see more

 

Johann C Knobel

The Bald and Golden Eagle Protection Act of 1940 bestows legal protection on two North American eagle species in the United States of America. The Act was originally aimed at the legal protection of only one species: the Bald Eagle Haliaeetus leucocephalu... see more

 

Tumo Charles Maloka

The High Court decisions in Thukwane v Law Society of the Northern Provinces 2014 5 SA 513 (GP) and Mtshabe v Law Society of the Cape of Good Hope 2014 5 SA 376 (ECM) dealing with the question whether a parolee could be considered a "fit and proper person... see more

 

Lindiwe Maqutu

The stature of the National Prosecuting Authority (NPA) has been subverted through highly publicised political interference by the executive. Beginning with the marathon legal entanglements of the current South African president the decisions of sitting N... see more

 

Nina Mollema

Section 42 of the Criminal Law (Sexual Offences and Related Matters) Amendment Act 32 of 2007 established a National Register for Sex Offenders where the particulars of all offenders guilty of sexual transgressions against children or mentally-ill persons... see more

 

Marius Olivier, Avinash Govindjee

The contribution critically reflects on the proposed amendments to the Unemployment Insurance Act Act 63 of 2001 (the UIA / the Act), introduced via the provisions of the Unemployment Insurance Amendment Bill of 2015 (B25-2015). Several shortcomings and d... see more

 

Riette (MA) Du Plessis

Clinical legal education (CLE) forms part of the LLB curriculum at most South African Universities. There are many similarities in the approach to CLE, but often also many differences. The clinical models of four South African university law clinics are r... see more

 

Sarah Fick, Paul Van der Merwe

In Road Accident Fund v Sweatman (162/2014) [2015] ZASCA 22 (20 March 2015) (hereafter Sweatman) the Supreme Court of Appeal was faced with the interpretation of section 17(4)(c) of the Road Accident Fund Act 56 of 1998 (the "cap provision"). The purpose ... see more