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Now showing items 11-20 of 130
Between economic and legal analysis of incorporated things: a critical "no" to Aedilitian remedies
(2006)
This article analyses the dictum of the Phame v Paizes 1973 3 397 (A) within
economic and legal principles to determine whether incorporeal things could
possess characteristics of value or quality characteristics as in ...
The Debt Couselling Process-Closing the Loopholes in the National Credit Act 34 of 2005
(2009)
Statistics showing that only 3.8% of consumers who have applied for debt review in terms of the National Credit Act 34 of 2005 (NCA) have succeeded to have their cases adjudicated by the court, indicate that the process ...
Traditional Leadership and Independent Bantustans of South Africa: Some Milestones of Transformative Constitutionalism beyond Apartheid
(2009)
The institution of traditional leadership represents the early form of societal organisation. It embodies the preservation of culture, traditions, customs and values. This paper gives a brief exposition of the impact that ...
Public participation, good environmental governance and fulfilment of environmental rights
(North-West University (Potchefstroom Campus), Faculty of Law, 2008)
This article succinctly, albeit critically, assesses with reference to some international developments the role that public participation is expected to play in state governments’ fulfilment of citizens’ environmental ...
Children's rights in the South African Constitution
(2003)
Children were in many respects defenceless victims of discriminatory practices in ‘apartheid South Africa’. In fact, discrimination on the basis of gender, race and other inequalities were inscribed in the social fabric ...
Re-partnering as a Contingency Deduction in Claims for Loss of Support Comparing South African and Australian Law
(2007)
In a claim for loss of support by the spouse of the deceased breadwinner, the claim will be influenced by the probable remarriage of the surviving spouse. In light of the recent extension of the traditional concept of ...
The Enforcement of Socio-Economic Rights
(2007)
In recent years the South African legislature has made a very bold attempt to improve the socio-economic conditions of citizens. Amongst others, the Social Assistance Act 59 of 1992 provides for monthly payments to citizens ...
Compliance notices - a new tool in environmental enforcement
(2006)
This note examines compliance notices, a new administrative remedy that has
been created to assist in compliance and enforcement of environmental laws.
The note considers the aim and scope of compliance and the process ...
Keuringspanele ("Screening Panels") as Gepaste Geskilbeslegtingsmetode ter Oplossing van Mediese Wanpraktyks-geskille.
(2009)
A right only has any value if there is a remedy providing for the acknowledgement and enforcement thereof. An increase in medical malpractice claims can be expected in South Africa in view of the fact that the public is ...