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"Corrective rape" of lesbians in the era of transformative constitutionalism in South Africa
(2015)
There have been numerous incidents of “corrective” rape of lesbians in recent years. This article examines the adequacy of the existing South African legal framework to deal with incidents of “corrective” rape against the ...
Finding property in new places – property in cyber and outer space
(2015)
The fields of virtual property and property in space are both new areas of property law that could not have been envisaged a hundred years ago. In both of these new fields, things and other objects of property are located ...
The law faculty of the NWU Potchefstroom campus celebrates its half centenary
(2015)
The Law Faculty of the North-West University, Potchefstroom Campus, is celebrating its half centenary in 2015, having been founded in 1965. Law subjects were first introduced in 1932 after the Senate had decided on 11 ...
The development of international law through the unauthorised conduct of international institutions
(2015)
The law, including international law, is subject to continuous change. It can be adapted to changing circumstances through formal amendments of or additions to existing norms and practices. It can also be changed through ...
The pursuit of sustainable development through cultural law and governance frameworks: a South African perspective
(2015)
The idea of including a cultural dimension in development policies has become the focus of international scholarly and policy debates. Analysing and conceptualising the role of culture in the sustainable development context ...
The effect of the original acquisition of ownership of immovable property on existing limited real rights
(2015)
It is an accepted principle in South African law that movable property acquired in an original way (by operation of law) is not burdened by any limited real rights, as previous limited real rights are extinguished on the ...
Cloete Murray and another v Firstrand Bank Ltd t/a Wesbank [2015] ZASCA 39
(2015)
The approach to the interpretation of statutes once again received attention in the recent case Cloete Murray and another v FirstRand Bank Ltd which was decided in the Supreme Court of Appeal. The court , in this matter, ...
Riglyne vir die hersiening van omgewingsverwante wetgewing ter verwesenliking van die reg op toegang tot voldoende voedsel
(2015)
The development of legislation for the progressive realisation of the right to access to sufficient food is labelled as an international and national objective. Section 27(2) of the Constitution of the Republic of South ...
Reasons for prosecutorial decisions
(2015)
In terms of the prosecuting policy of the National Prosecuting Authority reasons for the exercise of prosecutorial discretions should be furnished on request of persons with a legitimate interest in the decisions. In general ...
The right of the child to care and constitutional damages for the loss of parental care: some thoughts on M v Minister of Police and Minister of Police v Mboweni
(2015)
In the a quo judgment in M v Minister of Police a radical new approach was followed in respect of claims for loss of parental care. The issue before court was whether a child whose parent has died as a result of the wrongful ...