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The constitutional protection of freedom of speech and the prohibition of hate speech in South Africa : promises and pitfalls
(2004)Freedom of expression is one of the most important rights protected under the Constitution. It is as a pre-condition of the enjoyment of all other rights (except, may be the right to life). The right of freedom of ... -
The Constitutional Rules of Succession to the Institution of Monarch in Lesotho
(PER/PELJ, 2019)The rules that govern succession to the office of King in Lesotho are largely customary. The Constitution of Lesotho, 1993 provides that succession to the office of King shall be regulated in terms of customary law; the ... -
The Constitutional Validity of Search and Seizure Powers in South African Criminal Procedure
(2009)An important part of crime investigation is the obtaining of evidence through the search and seizure of persons and things. The South African Constitution Summary 1 At the outset it should be pointed out that this article ... -
Constitutional values, therapeutic jurisprudence and legal education in South Africa: shaping our legal order
(2016)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 ... -
The constitutionalisation of public international law and the creation of an international rule of law: Taking stock
(VerLoren van Themaat Centre for Public Law Studies, 2009) -
The constitutionalisation of the test for statutory illegality in South African contract law: Cool ideas v Hubbard 2014 4 SA 474 (CC)
(PER / PELJ, 2018)This paper investigates the constitutionalisation of the test for statutory illegality (the test) in South African contract law, firstly through a careful evaluation of the manner in which the Constitutional Court (CC) ... -
Constitutionalising the right legal representation at CCMA Arbitration Proceedings: law society of the Northern Provinces v Minister of Labour 2013 1 SA 468 (GNP)
(2013)Recently, the issue of legal representation at internal disciplinary hearings and CCMA arbitrations has been a fervent topic of labour law discourse in South Africa. While the courts have consistently accepted the common ... -
Constitutionalism and coloniality: A case of colonialism continued or the best of both worlds?
(School for Basic Sciences, Vaal Triangle Campus, North-West University, 2016)This article deals with the concept of constitutionalism in relation to colonialism and modernity, with a specific emphasis upon South Africa and South African constitutional development. The Republic of South ... -
Constitutionalism and the rule of law in the third millennium / M.L.M. Mbao
(Mafikeng: NWU (Mafikeng Campus), 2010) -
Constitutionalism, parliamentary condemnation and the South African public protector
(Nomos Verlagsgesellschaft, 2015)The South African Constitution under chapter 9 establishes state institutions that are mandated with the obligation to strengthen the concept of constitutional democracy in the Republic. The Constitution requires that other ... -
The constitutionality of biological father's recognition as a parent
(North-West University (Potchefstroom Campus), Faculty of Law, 2010)Despite the increased recognition afforded to biological fathers as legal parents, the Children's Act1 still does not treat fathers on the same basis as mothers as far as the automatic allocation of parental responsibilities ... -
The constitutionality of forfeiture of property
(North-West University, 2008)Die hoeksteen van 'n oop en demokratiese samelewing is verskans in die Handves van Menseregte, gebaseer op menswaardigheid, gelyke beskerming en vryheid. 'n Verpligting word op die staat geplaas om dienooreenkomstig hierdie ... -
The Constitutionality of rule 25 of the CCMA Rules
(2015)This study focuses on the impact of legal representation in general as well as on CCMA proceedings involving unfair dismissals relating to conduction on capacity. The study also touches on the common law position before ... -
The constitutionality of sections 88 and 90 of the Customs and Excise Act 91 of 1964
(North-West University, 2010)This dissertation attempts to determine to what extent sections 88 and 90 of the Customs and Excise Act 91 of 1964 comply with the constitutional right to just administrative action, read with the provisions of the Promotion ... -
The constitutionality of the contracts of labour brokers in South Africa
(North-West University, 2011)A temporary employment service (hereafter TES), also referred to as a labour broker is defined as a person or entity that provides workers to others, (their clients) to perform duties for the benefit of the client for ... -
The constitutionality of the Mineral and Petroleum Resources Development Act 28 of 2002
(North-West University, 2006)The Mineral and Petroleum Resources Development Act 28 of 2002 (MPRDA) is premised on the principle that minerals are part of the natural heritage of all South Africans. Section 3 of the MPRDA articulates the core of the ... -
The Constitutionality of the National Health Insurance Bill : the Treatment of Asylum Seekers
(PER/PELJ, 2022)As the supreme law of the land, the Constitution of the Republic of South Africa, 1996 (the Constitution) requires that any law or conduct be consistent with its provisions. The Draft National Health Insurance Bill, 2019 ... -
The constitutionality of the prohibition of hate speech in terms of section 10(1) of the equality act: A reply to Botha and Govindjee
(PER/PELJ, 2019)This is a reply to a critique by Botha and Govindjee (2017 PELJ 1-32) of our interpretation of the hate speech provisions of the Equality Act (Promotion of Equality and Prevention of UnfairDiscrimination Act 4 of 2000) in ... -
Constrained language: a multidimensional analysis of translated English and a non-native indigenised variety of English
(John Benjamins Publishing, 2016)Translation and non-native indigenised varieties of English are produced in contexts where heightened constraints operate on them. Recurrent features of translated language include explicitation, normalisation or ...