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The role of human dignity in the assessment of fair compensation for unfair dismissals
(2012)
South African labour law is concerned with the attainment of fairness for both the
employer and the employee. In weighing up the interests of the respective parties it
is of paramount importance to ensure that a delicate ...
Sink or swim? Debt review's ambivalent "lifeline" — a second sequel to "… a tale of two judgments" Nedbank v Andrews (240/2011) 2011 ZAECPEHC 29 (10 May 2011); Firstrand Bank Ltd v Evans 2011 4 SA 597 (KZD) and Firstrand Bank Ltd v Janse van Rensburg 2012 2 All SA 186 (ECP)
(2012)
The interface between the National Credit Act 34 of 2005 and the Insolvency Act 24
of 1936 has been the object of our courts' attention in a number of recent cases
including Ex parte Ford and Two Similar Cases 2009 3 SA ...
A critique of the key legislative framework guiding civil liberties in Zimbabwe
(2012)
The dynamic and controversial nature of Zimbabwean politics has manifested itself
through several undemocratic practices, including restrictive legislation which sought
to diminish participatory spaces and/or curtail ...
The Bengwenyama Trilogy: constitutional rights and the fight for prospecting on community land
(2012)
Although developments subsequent to the judgment have undermined the value of
the decision for the community involved, the Constitutional Court's judgment in the
Bengwenyama matter provides a welcome precedent on the ...
Demographic and social factors influencing public opinion on prostitution: an exploratory study in Kwazulu-Natal province, South Africa
(2012)
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 ...
The enigmatic but unique nature of the Israeli legal system
(2012)
The Israeli legal system is unique in that it straddles the two otherwise opposing
worlds of tradition and innovation. This creates an enigma for the comparatist,
making the exploration of this system an onerous and ...
The relevance of a contextualisation of the state-individual relationship for child victims of armed conflict
(2012)
The relationship between the individual and the State is discussed in this contribution.
The argument is put forward that both the State and the individual are legal subjects
endowed with legal subjectivity. In their ...
The impact of SADC social protection instruments on the setting up of a minimum social protection floor in Southern African countries
(2012)
The Southern African Development Community (SADC) was formed to promote the
political, economic and social wellbeing of the region. Some of the social objectives of
the SADC are the promotion of social development and ...
Die rol van en beperkings op die regbank om sosiale vrede in Suid-Afrika te bevorder
(2012)
Judge Eberhard Bertelsmann of the North Gauteng High Court delivered the address
published here as he delivered it in Afrikaans in the series of FW de Klerk lectures in
Potchefstroom on 20 February 2012. He dealt with ...
Procurement adjudication and the rights of children: Freedom Stationary (PTY) LTD v MEC for Education, Eastern Cape 2011 JOL 26927 (E)
(2012)
Children are heavily reliant on the services provided by the government and
irregularities in public procurement processes are bound to affect the realisation of
children's rights. In the Freedom Stationery (Pty) Ltd v ...