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Volume 16 Number 3 Year 2013

13 articles in this issue 

Christa Rautenbach

The third issue of 2013 contains 12 contributions ranging from two orationes, nine articles and one note. The first oratio is an address delivered by Karthy Govender at the Law Faculty, University of Michigan, to commemorate the 2013 Martin Luther King Da... see more

Pags. 1 - 1  

Karthy Govender

The paper commences by considering the similarity between Dr King, MK Gandhi and Nelson Mandela and argues that they are high mimetic figures who inspire us to be better. Their legacy and memory operate as a yardstick by which we can evaluate the conduct ... see more

Pags. 1 - 21  

Mike van Graan

The South African Department of Arts and Culture (DAC) recently published for comments a Revised White Paper on Arts, Culture and Heritage (the White Paper) dated 4 June 2013.[1] The White Paper contains a new vision of arts and culture and is intended to... see more

Pags. 22 - 34  

Irma J Kroeze

There are increasing calls for academics to abandon "traditional" disciplinary research and to engage in multi-, inter- and transdisciplinary research.  The argument is that this will serve to break down working in "silos" and somehow lead to more in... see more

Pags. 35 - 65  

Hanri M du Plessis

The unilateral determination of price has been a controversial issue for an extended period of time. During the 1990s the Supreme Court of Appeal asked if the rule should still form part of South African law. Specifically, the court raised a few questions... see more

Pags. 66 - 114  

Pieter Bakker

The chaos theory is utilised in a metaphorical manner to describe the current state of family law and more specifically law regulating intimate relationships in South Africa. A bird's eye view of the law of intimate relationships is provided to indicate t... see more

Pags. 115 - 150  

Jamil D Mujuzi

Official and unofficial reports indicate that the South African government is in the process of entering into prisoner transfer agreements or making prisoner transfer arrangements. This comes after many years of reluctance on the part of the government to... see more

Pags. 151 - 186  

Raymond Koen

Nils Christie is acknowledged generally as the theoretical founding father of restorative justice. Evgeny Pashukanis may be taken as the premier Marxist theoretician of law. This essay represents an endeavour to read Christie through the lens of Pashukani... see more

Pags. 187 - 235  

Heidi C Schoeman

With the entering into force of the Companies Act 71 of 2008 in 2011 a number of rights were granted to trade unions by the act. The Companies Act 71 of 2008 not only grants rights to registered trade unions, as is the case in labour law, but in some case... see more

Pags. 236 - 253  

Jadesola O Lokulo-Sodipe, Abiodun J Osuntogun

To reflect the growing trends in the international scene and in furtherance of the objective of its Revised 1993 Treaty, the Economic Community of West African States (ECOWAS) summit in December 2006 revolutionised the structure of ECOWAS by re-designatin... see more

Pags. 254 - 291  

Chantelle Feldhaus

Section 28(2) of the Constitution states that a child's best interest is of paramount importance in every matter concerning the child.  Section 9 further provides that every person is considered equal before the law and has the right to equal protect... see more

Pags. 292 - 334  

Zannelize Strauss, Debbie Horsten

The prevention and treatment of infectious diseases remain among the greatest challenges faced by today's developing countries. The World Health Organisation estimates that about one-third of the world's population lacks access to essential medicine, a fa... see more

Pags. 335 - 375  

Michelle MM Fuchs

                        When a mortgagor is in default and the mortgagee wants to enforce the debt the National Credit Act (hereafter t... see more

Pags. 376 - 392