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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 ...
Ontwikkeling van die gemenereg in die lig van artikel 39(2) en 173 van die Grondwet
(2004)
The point of departure in the Constitution is that the existing legal order should largely be kept intact, despite the fact that this is disliked by some. The common (or non-statutory) law has also retained its position, ...
No longer in suspense: clarifying the human rights jurisdiction of the SADC tribunal
(2015)
The Southern African Development Community Tribunal's (SADC Tribunal) decision in the matter of Mike Campbell (Pvt) Ltd v Republic of Zimbabwe 2008 SADCT 2 (28 November 2008) demonstrated its ability to utilise the principles ...
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 ...
The role played by the South African human rights commission's economic and social rights reports in good governance in South Africa
(2006)
The preamble of the Constitution of South Africa, 1996 (the Constitution)
contains the commitment to, amongst other things, establish a society based on
democratic values, social justice and fundamental human rights, lay ...
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 ...
Pre-agreement assessment as a responsible lending tool in South-Africa, the EU and belgium: part 1
(PER, 2018)
Responsible lending has become a very pertinent issue on the agenda of credit regulators across the globe who seek to combat the causes of consumer over-indebtedness. In this context the use of "pre-agreement assessment" ...
Die beperkings van regstellende gelykheid
(2004)
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 ...