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Sailing between Scylla and Charybdis: Mayelane v Ngwenyama
(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 ...
Legislative prohibitions on wearing a headscarf: are they justified?
(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, ...
Public servants' right to strike in Lesotho, Botswana and South Africa – a comparative study
(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. ...
"Contributory intent" as a defence limiting delictual liability
(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 ...
Reformation from criminal to lawyer: is such redemption possible?
(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 ...
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 ...
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 ...
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, ...
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 ...
Is law science?
(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 ...