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Volume 19 Number Vol 19 (2016) Year 2056

56 articles in this issue 

Christa Rautenbach

When PER (acronym for the Afrikaans journal title Potchefstroomse Elektroniese Regstydskrif, but also suggesting the Latin connotations of causation, durability and facilitation) first appeared in November 1998, there was an awareness ... see more


Sandra Liebenberg

 This article evaluates the meaningful engagement doctrine in the education rights jurisprudence of the Constitutional Court in the light of a set of normative principles developed by Susan Sturm for evaluating participatory public law remedies. It c... see more


Elmarie Fourie

Law schools have a responsibility to remind law students that by studying law they have the power to transform thoughts, policies and lives, and that practising law is not just about financial rewards, but that its greatest reward is contributing to the b... see more


Letitia Pienaar

Medical negligence claims have increased significantly over the last number of years. The trend is still ongoing and concerns have been raised about the impact of this increase on the medical industry. Medical practitioners are increasingly practising def... see more


Philip Stevens

This contribution deals with recent developments in sexual offences against children with reference to sections in the Criminal Law (Sexual Offences and Related Matters) Amendment Act 32 of 2007. The latter is addressed against the backdrop of the Constit... see more


Rochelle Le Roux, Tamara Cohen

The nature of the limitations to the right to strike in essential and public services in the nine sub-regional countries of Southern Africa – South Africa, Botswana, Lesotho, Namibia, Swaziland, Malawi, Mozambique, Zambia and Zimbabwe – is examined in thi... see more


Samantha Watts

This article looks at the current international regime that pertains to the African lion, a species that needs adequate protection across its range (a range that does not adhere to state boundaries). This analysis comes at a time when threats such as habi... see more


Judith Geldenhuys

The SBV Services (Pty) Ltd case brought a novel concept into the labour dispute resolution arena: arbitrators must inform employees who succeed in proving that they were dismissed for an unfair reason of the implications of a reinstatement or compensation... see more


Julia Sloth-Nielsen, Marilize Ackermann

This article reports on the findings of a study of foreign children accommodated in the care system in the Western Cape, based on fieldwork conducted in child and youth care centres. The objectives of the study were firstly to map and quantify the number ... see more


Annika Rudman

The African Commission on Human and Peoples' Rights has worked as the continent's watchdog, under the ACHPR, for almost 30 years. Much has changed since the time of its inception. More institutions, set to ensure the implementation of the ACHPR, have been... see more


Daniel Strachan

Promotional competitions are competitions in which prizes are awarded by lot or chance in order to promote goods or services. In order to protect participants and consumers against abuse, these competitions are usually regulated by gambling or consumer pr... see more


Lovemore Chiduza, Paterson Nkosemntu Makiwane

Zimbabweans have been both victims of and witnesses to serious human rights violations over the years.Though there is wide agreement and speculation that the state and its agencies are the perpetrators of these atrocities, they have largely remained unpro... see more


Daleen Millard, Eugene Gustav Bascerano

A person whose privacy has been infringed through the unlawful, culpable processing of his or her personal information can sue the infringer’s employer based on vicarious liability or institute action based on the Protection of Personal Information Act 4 ... see more


Lirieka Meintjes-van der Walt

One of the most significant consequences of the use of post-conviction DNA testing in the criminal justice system has been the growing recognition that eyewitness identification testimony is simply not as reliable as it was previously considered to be. In... see more


AC (Rinie) Steinmann

The concept of human dignity is relatively new in international and domestic constitutional law. Dignity is protected as a value or a right, or both, in international law and many domestic jurisdictions. It is difficult to define human dignity in a legal ... see more


Cornelius Hagenmeier, Tapiwa Shumba, Obeng Mireku

Globalisation requires ever closer co-operation between legal professionals hailing from different national jurisdictions. This interactive global environment has fostered growing international training and mobility among legal practitioners and the inter... see more


Ashraf Booley

Morocco has maintained its identity and adherence to the Islamic faith since before colonialism and after. As a result of such identity the Moroccan monarchy over the years developed the Code of Personal Status (referred to as the mudawana) which affected... see more


Mathias Ashu Tako Nyenti

There is currently no uniform social security dispute resolution system in South Africa due to the piecemeal fashion in which schemes were established or protection against individual risks regulated. The result is that each statute provides for its own d... see more


Ernst Marais, PJH Maree

In Arun the Constitutional Court held that section 28 of the Land Use Planning Ordinance (LUPO) vests all land indicated as public roads on a development plan in the local authority upon approval of such a plan. This includes land that is in excess of the... see more


Robert D Nanima

The Constitution of the Republic of Uganda, 1995 (Constitution of 1995) is silent on the issue of dealing with evidence obtained through human rights violations. This silence dates to the Constitutions 1962, 1966 and 1967.  It is only the Prohibition... see more


Jean Claude N Ashukem

Even though the principle of free, prior and informed consent (FPIC) is soft law, the need to respect, protect and fulfil the rights to be informed and to be involved in development projects is strongly backed in international legal instruments including ... see more


Mariette (JM) Reyneke

Although the contexts of school discipline and child justice differ considerably there are a number of contact points and points that overlap. Since the South African Schools Act 84 of 1996 came into operation in 1996, the Constitutional Court has made se... see more


Clive Vinti

The Agreement on the Implementation of Article VI of the General Agreement on Tariffs and Trade 1994 (Anti-Dumping Agreement), permits the imposition of anti-dumping duties for as long and to the extent necessary to counteract dumping which is causing inj... see more


Shamier Ebrahim

Equal pay is an area of employment law that is complex and not easily understood. This complexity is recognised by the International Labour Organisation (ILO), which notes that equal pay for work of equal value has proved to be difficult to understand, bo... see more


Zingapi Mabe

South African courts have experienced a rise in the number of cases involving schemes that promise a return on investment with interest rates which are considerably above the maximum amount allowed by law, or schemes which promise compensation from the ac... see more


Odile Juliette Lim Tung

Organic production targets the development of a sustainable cultivation system and a variety of high-quality products with emphasis on environmental protection, biodiversity and high standards of animal protection. In South Africa, the organic sector pion... see more


Annie Singh, Moreblessing Zaryl Bhero

The law-making role of judges has always been the subject of much controversy. For a good many a year and especially during the apartheid regime, the approach to statutory interpretation that dominated the South African courts was the orthodox textual pos... see more


Wian Erlank

Elsewhere in "Rethinking Terra Nullius and Property in Space", I have argued that due to the changing circumstances of access to space by private entities rather than governments, the current legal situation with regard to ownership in space should be rec... see more


Daleen Millard

Financial regulation in South Africa changes constantly. In the quest to find the ideal regulatory framework for optimal consumer protection, rules change all the time and international trends have an important influence on lawmakers nationally. The Finan... see more


Elsje Bonthuys

Following upon the Supreme Court of Appeal’s judgment in Butters v Mncora, which broadened the criteria and consequences of universal partnerships in cohabitation relationships, this article investigates the potential of universal partnerships and putativ... see more


Aisosa Jennifer Isokpan, Ebenezer Durojaye

This paper is focused on the impact of the Boko Haram insurgency in Nigeria on the child’s right to education. The impact of armed conflict on the child’s right to education is discussed in the coIntext of the Boko Haram insurgency in Nigeria. The article... see more


Ilyayambwa Mwanawina

The underpinning essence of being part of a regional organisation such as the Southern African Development Community (SADC) is to achieve development through integration. Regional integration thus becomes the bedrock from which the treaties governing SADC... see more


Mzukisi Niven Njotini

Information and communication technologies (ICTs) continue to influence the behaviour of society. Sometimes this influence is so unreal that it was only imagined in science fiction.  Specifically, the rapid rise in the use of ICTs has resulted i... see more


Howard Chitimira, Pontsho Mokone

Various human rights violations on the part of the ordinary people and human rights defenders have been reported in Zimbabwe since the late 1980s to date. It is widely acknowledged that such violations were mostly perpetrated by the government through its... see more


Phoebe Bolton

This article is an analysis of the use of public procurement as a tool to drive innovation. It explores the meaning of innovative procurement or public procurement of innovation, as well as the rationale for using public procurement to drive innovation. I... see more


Kamalesh Newaj, Stefan Van Eck

This article explores the concept of the automatic unfair dismissal that is regulated in s 187(1)(c) of the Labour Relations Act, where the reason for the dismissal is to "compel the employee to accept a demand in respect of any matter of mutual interest"... see more


Christoffel Hendrik Van Zyl IV, Jo-Marí Visser

When young law graduates enter the legal profession they will undoubtedly be exposed to difficult situations that will demand of them to make difficult decisions, often having to balance conflicting systems of belief and ideas on what ethical behaviour en... see more


Motseotsile Clement Marumoagae

This paper highlights the prejudicial effect of the rule within the rules of the Government Employees Pension Fund (GEPF), which allows this fund to create a "divorce debt" for its member when the court has ordered that part of such a member's pension int... see more


Pieter Gerhardus Du Toit

This constribution addresses the issue of adverse publicity orders as a possible supplementary sentencing option for corporate offenders. In South Africa the fine is the primary sentencing option available to courts when imposing sentences on juristic per... see more


Zingaphi Mabe

The Constitution of the Republic of South Africa, 1996, is regarded as one of the most progressive constitutions in the world. As the supreme law in South Africa, it applies to all law and conduct. All South African laws must be consistent with the Consti... see more


Bradley Slade

In Arun Property Development (Pty) Ltd v Cape Town City the Constitutional Court awarded compensation for land that vested in the City of Cape Town in terms of a regulatory framework. The regulatory framework, sections 25 and 28 of the Cape Land Use Plann... see more


Jeannie Van Wyk

Arun Property Development (Pty) Ltd wished to subdivide portions of the farm Langeberg 311, Durbanville. The 1988 structure plan for the area had indicated that certain roads would traverse the property. These and other roads all formed part of a new subd... see more


Themba Skosana, Sandra Ferreira

Step-parent adoption happens where a child is adopted by the spouse or civil union partner of a biological parent. This is a drastic invasion into the life of a child because (except if provided for otherwise) an adoption order terminates all parental res... see more


Helen Papacostantis, Muriel Mushariwa

Affirmative action measures within the workplace seek to ensure equal employment opportunities and create a workforce that is representative of South African society. Accordingly, employers need to ensure that the substantive goal of equality is achieved ... see more


Shaun De Freitas

Scholarship on the protection of religious rights and freedoms in the context of religious associations in South Africa has gained in momentum since the decision by the Equality Court in Johan Daniel Strydom v Nederduitse Gereformeerde Gemeente Moreleta P... see more


Tumo Charles Maloka, Shandukani Muthugulu-Ugoda

The question addressed by the Supreme Court of Appeal in Thunder Cats Investment 92 (Pty) Ltd v Nkonjane Economic Prospecting & Investments (Pty) Ltd 2014 5 SA 1 (SCA) (hereafter the "Thunder Cats") provides much-needed guidance on the deadlock principle ... see more


Alastair David Smith

The problem in this case was that the Cayman liquidators, frustrated by the unhelpfulness of the company’s previous auditors in supplying documents and information to help them get to the bottom of the company’s problems, then obtained a winding-up order ... see more


Tumo Charles Maloka

Western Platinum Refinery Ltd v Hlebela 2015 ZALAC 20 (“Hlebela”) required the Labour Appeal Court to grapple with difficult questions presented by generic dilemma which confronts an employer faced with clear evidence of recurrent theft of precious minera... see more


Donrich Jordaan

The principle of res judicata is well-established in our law: essentially it means that parties to a dispute have only one metaphorical "bite at the cherry". The "bite" can entail appealing through the hierarchy of courts, but once the parties have exhaus... see more


Rehana Cassim

The Companies Act 71 of 2008 has introduced into our company law an innovative provision which permits a wide range of persons to apply to court to declare a director delinquent. This provision is contained in section 162 of the Companies Act 71 of 2008. ... see more


Robert Douglas Sharrock

The majority decision in Makate v Vodacom (Pty) Ltd recognises a new form of actual authority – authority by representation. However the decision is based on a misinterpretation of English law and is inconsistent with an extensive body of South African ca... see more


Judy Parker, Frederick Noel Zaal

Burying deceased family members in familial gravesites close to the homestead of the living has been a well-established practice in Southern Africa for many centuries. In terms of indigenous cultural and religious norms proximate burials are essential for... see more


Thulani Nkosi

This paper reflects on the ongoing challenges presented by certain employers who, whilst deducting occupational retirement fund contributions from their employees' salaries, fail to pay over those contributions to the relevant occupational retirement fund... see more


Alastair David Smith

The Lehane matter wound its way through the Cape Provincial Division of the High Court and reached the Supreme Court of Appeal. Mr Dunne, the debtor, lived in the United States of America and ran an international web of companies. One of these companies, ... see more


Duncan French

A discussion of the recent referendum in the United Kingdom (UK) on membership of the European Union (EU) and, in particular, to consider the immediate aftermath and longer-term implications of the decision to leave.     


Jacques Louis Matthee

This contribution provides a review of the book entitled "Islamic Law in Past and Present" authored by Matthias Rohe and published by Brill in 2015.