Sports law can be regarded as one of the latest developments in law. As applied to
the school setting, and with special reference to sport coaching, this article deals
with the five fundamental elements of the law of ...
This paper examines countervailing South African public opinion on the subject of
prostitution in South Africa, and identifies the factors which might influence these
attitudes. It also investigates the complex relationship ...
Criminal procedure in South Africa is outdated and does not produce speedy justice.
The Criminal Procedure Act requires a revamp. Lessons can be learnt from the
inquisitorial systems but local lawyers have preconceived ...
Some twenty years ago, the importance of international law, particularly for
practical purposes, could be described as marginal in national legal orders in
the socialist Central and Eastern European (CEE) Countries. The ...
Section 35(5) of the Constitution of the Republic of South Africa, 1996 governs the
exclusion of unconstitutionally obtained evidence in criminal trials. Three groups of
factors must be considered to assess whether ...
Digital technology has had a profound impact on copyright law. The
implementation of the WIPO Copyright Treaty (WCT) and the enforcement of
technological protection measures have led to disparate forms of copyright
protection ...
Medicine and law were related from early times. This relation resulted as a necessity of protecting communities from the irresponsible acts of impostors. Various legal codes dealing with medical malpractice existed in ...
The most important difficulty facing a Rechtsstaat idea when it comes to the realization of "sustainable development", lies in the structural differences between the constitutional order based on the Rechtsstaat on the ...
The lawyer’s usual attempt to catch the meaning of a thing by entangling it in a net of words is based on a common misapprehension of the way words work. The great minds of the ages have since time immemorial reminded us ...
This article focuses on the nature of legislative discretions in the hands of the executive authority of the state.
Relevant concepts are analysed, followed by an exposition of the position regarding delegation of ...
This is a compact review and analysis of the state of equality law in South Africa . Specific reference is made to what has been called "remedial" or "restitutionary" equality. From the analysis it appears that current ...
The Preamble and Chapter 1 This contribution is intended to be the first installment of a systematic interpretation of the Constitution of the Republic of South Africa 1996.
Due to the foundational and repetitive reference ...
In his paper The Dialectics in the Values of the 1996 Constitution Jan Swanepoel discusses various value statements in the 1996 Constitution of the Republic of South Africa and focuses the attention on indications of a ...
This article critically considers the application of and necessity for the right to strike, especially regarding employees that are employed in an essential service. The South African position is examined and compared to ...
This article seeks to critically examine recent criminal law developments in Australia, England and Wales that specifically address the situation in which battered women find themselves. This article specifically focuses ...
South Africa's water law dispensation has changed dramatically with the promulgation of the National Water Act 36 of 1998. The previous distinction between public and private water has been abolished and the Minister of ...
The question whether a person is entitled to legal representation is normally posed during disciplinary proceedings, but is also relevant to other types of administrative proceedings. No absolute right to legal representation ...
The problematic nature of the right of a homosexual parent to vest custody over a child is biarticulated: the nature and extent of custody disputes as well as the issues of discrimination based on sexual orientation are ...
This contribution discusses the amendment to section 1: 377a lid 1 BW of 1 March
2009, in Dutch law. According to this provision a child has the right to have contact
with both parents as well as with those who have ...