PER: 2014 Volume 17 No 4
14 November 2014
- Unlawful occupation of inner-city buildings: a constitutional analysis of the rights and obligations involved / Strydom, J & Viljoen, S
- Managing the trade-public health linkage in defence of trade liberalisation and national sovereignty: an appraisal of United States-measures affecting the production and sale of clove cigarettes / Warikandwa, TV & Osode, PC
- Shaken baby syndrome: a South African medico-legal perspective / Le Roux-Kemp, A & Burger, E
- Legislative prohibitions on wearing a headscarf: are they justified? / Osman, F
- The potential of capstone learning experiences in addressing perceived shortcomings in LLB training in South Africa / Quinot, G & Van Tonder, SP
- Is law science? / Roos, MC
- Regulating traditional justice in South Africa: a comparative analysis of selected aspects of the traditional courts bill / Soyapi, CB
- The incorporation of Public International Law into Municipal Law and Regional Law against the background of the dichotomy between monism and dualism / Ferreira, G & Ferreira-Snyman, A
- Reformation from criminal to lawyer: is such redemption possible? / Slabbert, M & Boome, DJ
- "Contributory intent" as a defence limiting delictual liability / Ahmed, R
- A panoramic view of the social security and social protection provisioning in Lesotho / Mosito, KE
- Public servants' right to strike in Lesotho, Botswana and South Africa - a comparative study / Cohen, T & Matee, L
- Localising environmental governance: the Le Sueur case / Humby, T
- Peel v Hamon J&C Engineering (PTY) Ltd: ignoring the result-requirement of Section 163(1)(a) of the companies act and extending the oppression remedy beyond its statutorily intended reach / Beukes, HGJ & Swart, WJC
- Sailing between Scylla and Charybdis: Mayelane v Ngwenyama / Kruuse, H & Sloth-Nielsen, J
This edition consists of 15 contributions - 12 articles and three case notes. In the first article, Janke Strydom and Sue-Mari Viljoen discuss the phenomenon where inner-city buildings in South Africa are unlawfully occupied, which has led to a number of legal disputes between occupiers and individual landowners. They propose measures analogous to those in England and the Netherlands to be added to the existing statutory powers of the local authorities to assist in resolving the disputes. Second, Tapiwa Warikandwa and Patrick Osode deal with the challenges the WTOs is faced with in balancing the rights of a sovereign power to freely regulate matters pertaining to health or the environment within its domestic domain with the need to maintain the sanctity of the multilateral trade order. Third, Andra le Roux-Kemp and Elsie Burger give a comparative perspective on some of the issues associated with litigating cases where the Shaken Baby Syndrome is the subject matter. Their focus is on the case law in the United States and United Kingdom. Fourth, Fatima Osman deals with the thorny issue of headscarves in South Africa, France, Turkey and Switzerland. She focuses on the reasons for the ban against their wearing and asks if the ban can be justified in the light of the human rights guaranteed to those individuals wanting to wear them. Fifth, Geo Quinot and SP (Fanus) van Tonder argue in favour of capstone courses to address some of the challenges facing legal education in general and the inadequacies of the LLB curriculum. Rolien Roos, in the sixth article, sets out to determine whether law can be regarded as a science which could be studied. She refers to the scholarly works of philosophers such as Dooyeweerd, Stafleu and Strauss and comes to the conclusion that the answer is all but straight forward. In the seventh article, Caiphas Soyapi considers the highly controversial provisions of the Traditional Courts Bill in a comparative context and recommends that the framers of the Bill should consider the situation in other jurisdictions in order to deal with some of the issues with the Bill. In the eight spot, Gerrit Ferreira and Anél Ferreira-Snyman examine the dichotomy that is created between the monist and dualist approach followed by the incorporation of international law into municipal law in the light of decisions of the South African Constitutional Court and the European Court of Justice. In the ninth article, Magda Slabbert and Darren Boome investigate the prospects of a convicted criminal who wants to become a lawyer, and in the tenth article Raheel Ahmed considers the role of "contributory intent" as a defence limiting delictual liability. In the second-last article Kananelo Mosito sets out to provide the reader with an understanding of the legal situation in Lesotho pertaining to social security and protection. Last but not least, Tamara Cohen and Lehlohonolo Matee give a comparative overview of the public servants' right to strike in Lesotho, Botswana and South Africa.
The first case note is by Tracy-Lynn Humby, who deals with the question of whether or not municipalities have the power to legislate on environmental issues such as biodiversity and conservation, as examined in the case of Le Sueur v Ethekwini Municipality in the KwaZulu-Natal High Court. The second note, by Johan Beukes and Christiaan Swart, discusses the case of Peel v Hamon J&C Engineering (Pty) Ltd, which deals with the remedy provided for in section 163 of the Companies Act (the oppression remedy). The last note is by Helen Kruuse and Julia Sloth-Nielsen, and debates the implications of Mayelane v Ngwenyama.
Editor: Professor Christa Rautenbach / Edition Editor: Doctor Hein Lubbe
Peel v Hamon J&C Engineering (PTY) Ltd: ignoring the result-requirement of Section 163(1)(a) of the companies act and extending the oppression remedy beyond its statutorily intended reach (2014)This case note provides a concise and understandable version of the confusing facts in Peel v Hamon J&C Engineering (Pty) Ltd, and deals with the remedy provided for in section 163 of the Companies Act (the oppression ...
(2014)In the matter of Le Sueur v Ethekwini Municipality the KwaZulu-Natal High Court decided that municipalities had the power to legislate on environmental issues such as biodiversity and conservation. This note argues that ...
(2014)Restrictions on the rights of public officers to strike are permitted by the Constitutions of Lesotho, Botswana and South Africa, where such limitations are reasonable, necessary and justifiable in a democratic society. ...
(2014)Social security is one of the most important areas of social policy.As part of its social policy, the government of Lesotho has promulgated various pieces of legislation and introduced an assortment of public assistance ...
(2014)In terms of delictual liability, the term "fault" generally refers to the defendant's conduct, whereas "contributory fault" refers to the plaintiff's conduct. "Contributory intent" is a form of "contributory fault" and may ...
(2014)If a person with a criminal record were to apply for admission to the legal profession, the applicant would naturally harbour the hope that his or her application would succeed. However, in the absence of a reformation of ...
The incorporation of Public International Law into Municipal Law and Regional Law against the background of the dichotomy between monism and dualism (2014)Monism and dualism represent two different approaches towards the relationship between public international law and municipal law. While the former views public international law and municipal law as a single legal system, ...
Regulating traditional justice in South Africa: a comparative analysis of selected aspects of the traditional courts bill (2014)Traditional justice systems have been in place for a very long time in South Africa and in Africa in general. They are characterised by informal systems that are not beset by the normal technicalities prevalent in formal ...
(2014)The question this contribution sets out to address is whether or not law can be regarded as a science. This notion is readily accepted by many, yet it is submitted that a proper theoretical justification for such an ...
The potential of capstone learning experiences in addressing perceived shortcomings in LLB training in South Africa (2014)Current debates about legal education in South Africa have revealed the perception that the LLB curriculum does not adequately integrate various outcomes, in particular outcomes relating to the development of skills in ...
(2014)A headscarf, a simple piece of cloth that covers the head, is a controversial garment that carries various connotations and meanings. While it may be accepted as just another item of clothing when worn by non-Muslim women, ...
(2014)Shaken Baby Syndrome refers to the violent and repetitive shaking of an infant, and is a form of abusive head trauma. It was first described in 1974, and has since been the topic of intensive study and discussion. The ...
Managing the trade-public health linkage in defence of trade liberalisation and national sovereignty: an appraisal of United States-measures affecting the production and sale of clove cigarettes (2014)Under the legal framework of the World Trade Organisation (WTO), countries have great flexibility to unilaterally adopt environmental regulations that have effect within their territories only. However, the same discretion ...
Unlawful occupation of inner-city buildings: a constitutional analysis of the rights and obligations involved (2014)The unlawful occupation of inner-city buildings in South Africa has led to a number of legal disputes between vulnerable occupiers and individual landowners that highlight the conflict between individuals' constitutional ...
(2014)Mayelane v Ngwenyama 2013 4 SA 415 (CC) is arguably the most important judgment concerning the recognition of customary marriages in recent times. This article attempts to unpack some of the many issues that arise from the ...