48 articles in this issue
Dave Holness
Access to justice for all in South Africa, as most clearly set out in sections 34 and 35 of the Constitution of the Republic of South Africa, 1996, is necessary to realise various other fundamental rights and to improve living standards. There are insuffi... see more
Sonia Vohito Anyanwu
Constitutions and other legal frameworks are expected to ensure the protection of the fundamental and collective rights of citizens. In this respect, the regulation of political parties is a global phenomenon, which symbolises multi-party democracy, the r... see more
Stefan Renke, Reinhard Steennot
The vulnerability of prospective credit consumers to over-committing their resources and the inherent dangers posed by credit advertising in particular necessitate the proper regulation of credit marketing. It is therefore not unsurprising that responsibl... see more
Stéfan Renke, Reinhard Steennot
Johana Kambo Gathongo, Leah Ndimurwimo
The right to strike is one of the fundamental rights enshrined in the Kenyan Constitution, 2010. Any limitation to the right involves the danger of collective bargaining. The right to strike is derived from the Right to Organise and Collective Bargaining ... see more
Chinedu Justin Efe, Oghenerioborue Esther Eberechi
In Nigeria, marriage is hardly conceived as a partnership of equals in relation to the property rights of spouses during marriage and at divorce. This is because the Nigerian courts do not redistribute property at divorce. This leaves the financially weak... see more
Robbie Robinson
In this contribution the focus falls on the capacity to act of majors who, due to mental or physical disabilities, lack the ability to make sound decisions in respect of their estate, conclude juristic acts that lead to undue harsh consequences for themse... see more
David Whitefield Melvyn Broughton
Pre-trial publicity regarding a pending criminal case, which publicity may be in the form of media coverage of the case or a prior decision given in parallel judicial proceedings arising from substantially the same facts as the criminal matter, may be adv... see more
Fatima Khan
The United Nations High Commissioner for Refugees set a 10-year timeline in 2014 to prevent childhood statelessness and believes this is possible if the following four steps are taken. First, it urges all states to allow children who would otherwise be st... see more
Lirieka Meintjes, Tanyarara Mutsavi
Notwithstanding the acceptance of firearm identification by courts, the scientific community has been reluctant to recognise firearm identification as a reliable method of conclusively establishing a connection between a particular bullet and a particular... see more
Adebola Olufunmi Olaborede, Lirieka Meintjes-van der Walt
The overall goal of the criminal justice system is to ensure that perpetrators of crimes are duly punished and that victims of crimes are duly exonerated. As part of the effort to achieve this goal, the forensic disciplines have become very important in c... see more
Irma Kroeze
This article is a critical engagement with the most recent contribution to the debate on the nature and content of ubuntu. The contribution (by Radebe and Phooko) attempts to provide the concept of ubuntu with substantive content in order for the concept ... see more
Judith Geldenhuys, Michelle Kelly-Louw
The factual matrix that is considered in each hate speech case differs from that in the next. However, certain factors always remain key in the process of balancing the different constitutional rights at play: who the victim is, who the perpetrator is and... see more
Willem Hendrik Gravett
The practice of law has been largely shielded from technological developments in the course of the past 50 years. While the ways in which legal professionals process and share information have evolved with new technologies — primarily with the emergence o... see more
Lawrence Ngobeni
An investment is the subject matter of an investor-state dispute. Therefore there can be no such dispute if there is no investment to which the dispute relates. The challenge in this regard lies in that there is no uniform definition of an investment in i... see more
Neels Kilian
This article focusses on an Australian piece of legislation and interesting case law, as well as on how the Federal Court of Australia has applied Australia's Corporations Act, 2001 to characterise a person as a de facto director – that is, as a professed... see more
Protecting people against hate speech and racist slurs requires weighing up several fundamental rights. To maintain legitimacy in enforcing the legislative protection, a fine balance must be struck between the rights to equality and dignity on the one han... see more
Oghenerioborue Esther Eberechi
This article seeks to ascertain whether refugees who are victims of sexual violence in contracting states enjoy access to courts per Article 16 of the United Nations (UN) Convention Relating to the Status of Refugees (1951 Refugee Convention). It does so ... see more
Kamalesh Newaj
It is trite that if a person's employment is prohibited by law it is not possible for such a person to perform his or her work lawfully. However, people are employed despite failing to comply with statutory requirements. One such class of persons consists... see more
Mikhalien Du Bois
This article views section 4 of the Patents Act 57 of 1978 against section 25 of the Constitution of the Republic of South Africa, 1996 and Article 31 of the Agreement on Trade-Related Aspects of Intellectual Property Rights of 1994 (hereafter TRIPS). The... see more
Ngwako Raboshakga , Oliver Fuo
This article explores the gaps left by the Constitutional Court's jurisprudence in relation to what the appropriate internal appeal mechanism should be at the level of municipalities for the approval of building plans. This follows the unanimous judgment ... see more
Fareed Moosa
This article shows that, whereas a bilateral legal relationship exists between the South African Revenue Service (SARS) and a vendor in relation to value-added tax (VAT), a tri-partite legal relationship exists among the SARS, employees and employers in r... see more
Jan-Harm De Villiers
This article situates the texts in which Emmanuel Levinas directly addresses questions of animality against the backdrop of his larger oeuvre and argues that, despite an explicit attempt to arrange a privileged ethical (dis)position for humans, Levinas' e... see more
Ditaba Petrus Rantsane
This article seeks to trace the historical origin of arbitration as it is currently practised in South Africa. The resort to alternative dispute resolution methods has existed since time immemorial. The practice of arbitration was identified in the Bible ... see more
Brewsters Soyapi
When Jessup first wrote about transnational law about 60 years ago, scholarship on globalisation had not started yet. It seems though that transnational law, as we understand it, is as closely related to and has been developing alongside globalisation. Ho... see more
Stephan van der Merwe
The pedagogical advantages of employing a Clinical Legal Education (“CLE”) teaching and learning strategy have been acclaimed in literature for almost a century and it continues to be ideally suited to cater to modern education expectations. As an agent f... see more
Izelle du Plessis
In the Australian case of Bywater Investments Ltd v Commissioner of Taxation; Hua Wang Bank Berhad v Commissioner of Taxation (the Bywater case) the Australian High Court dealt with the question of whether certain companies were resident in Australia for ... see more
Marc Welgemoed
Summary/Abstract The Covid-19 pandemic has plunged the world into turmoil and uncertainty. The academic world is no exception. In South Africa, due to a nationwide lockdown imposed by government, universities had to suspend all academic a... see more
Donrich Thaldar
In 2012 the Minister of Health made the Regulations Relating to the Artificial Fertilisation of Persons, which provide that the woman who intends to be made pregnant with an in vitro embryo owns such an embryo and can control the embryo's fate in specifie... see more
Pieter Gerhardus Du Toit
Violent crimes in South Africa are often accompanied by the possession or use of semi-automatic firearms. The Criminal Law Amendment Act 105 of 1997 (the CLA) provides for the imposition of minimum sentences for certain firearms-related offences. The ques... see more
Elsje Bonthuys
This note considers the extension of the duty of spousal support after the death of the breadwinner by comparing the rights of different categories of surviving maintenance claimants, who tend to be mostly women: widows of the deceased, unmarried intimate... see more
Karthy Govender, Paul Swanepoel
This article assesses South African Broadcasting Corporation v Democratic Alliance 2016 2 SA 522 (SCA) and Economic Freedom Fighters v Speaker of the National Assembly 2016 3 SA 580 (CC) and to a lesser extent the state of capture judgments. All of these ... see more
Anel Gildenhuys
The KwaZulu-Natal High Court, Durban, recently had the opportunity to interpret section 15(3)(b)(iii) of the Matrimonial Property Act 88 of 1984 within the context of the South African law of succession. This section states that: "A spouse shall not witho... see more
Yolandi Meyer
In Baleni v Minister of Mineral Resources 2019 2 SA 453 (GP) the court, duly following the judicial guidance provided in Maledu v Itereleng Bakgatla Mineral Resources 2019 2 SA 1 (CC), made an important pronouncement on the rights of people who hold infor... see more
Nomthandazo Ntlama
The institution of traditional leadership has from time immemorial been central to traditional authority in the system of customary law. After the dawn of democracy in 1994, the role was fundamentally entrenched in the Constitution of the Republic of Sout... see more
Lindelwa Beaulender Mhlongo, Buhle Angelo Dube
In late 2016, the Constitutional Court delivered judgment in a case, Wickham v Magistrate, Stellenbosch 2017 1 BCLR 121 (CC), involving Wayne Anthony Wickham (an aggrieved father and applicant in this case), who appealed against the decision of the Magist... see more
The jurisdiction or competence of the Equality Court to hear a dispute concerning alleged hate speech is affected by various jurisdictional factors. The decision in South African Human Rights Commission v Khumalo 2019 1 All SA 254 (GJ) reveals several sho... see more
Delano Cole van der Linde
The Promotion of Equality and Prevention of Unfair Discrimination Act 4 of 2000 (PEPUDA) prohibits indirect and direct unfair discrimination in terms of the grounds listed in the act (such as race, sex, and sexual orientation) as well as unlisted grounds ... see more
Mpho Tsepiso Tlale
The South African customary land tenure system is currently administered in terms of the Interim Protection of Informal Land Rights Act 31 of 1996 (IPILRA). As the name suggests, this is a temporary measure to protect vulnerable customary land rights whil... see more
Simangele D Mavundla, Ann Strode, Dumsani Christopher Dlamini
Women's subordination is not new in the world. As society became human rights conscious, many countries started abrogating or scrapping discriminatory laws and attitudes towards women, in particular married women. However, it has taken Eswatini more than ... see more
Felix Dube, Avitus A Agbor
This special edition comprises selected papers on critical reflections on the 70th anniversary of the Universal Declaration of Human Rights (UDHR). The authors critique the contextual relevance of the UDHR to the implementation of human rights within sele... see more
Avitus A Agbor
The 70th anniversary of the adoption of the Universal Declaration of Human Rights presents an opportunity for critical reflections from the Global South on why the dream of universalising the rights contained in this ground-breaking document is still just... see more
Kajiru Ines, Nyimbi Isaack
It cannot be denied that myths and superstitions have endured through history and that people have been affected by them since the beginning of time. Superstitious beliefs and myths that result in the victimization of persons with albinism (PWA) are centu... see more
Felix Dube
The failure of the post-apartheid government to deliver on some of the promises of the South African Bill of Rights, coupled with the appropriation of the Bill of Rights by the international human rights movement, create the impression that the Bill of Ri... see more
Michael Laubscher
This contribution provides a review of the collective volume "By All Means Necessary: Protecting Civilians and Preventing Mass Atrocities in Africa" edited by Dan Kuwali and Frans Viljoen.
Gabru Naeema
This contribution is a review of a book on actions which may offend religious feelings even if it was not the intention of the offender to do so. This book illustrates how, drawings (amongst others) on the face of it, may be construed to be a mere exercis... see more
Christa Rautenbach
This contribution reviews the book titled Revisiting the Geneva Conventions: 1949-2019, and edited by two scholars, namely Md Jahid Hossain Bhuiyan and Borhan Uddin Khan. The book is a commemoration of the 70th anniversary of the Geneva Conventions and pr... see more
This contribution reviews the book titled Law and Religion in the Liberal State, and edited by two scholars, namely Md Jahid Hossain Bhuiyan and Darryn Jensen. The book contains a collection of papers dealing with the relationship between law and religion... see more