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Section 27 of the insolvency act 24 of 1936 as a violation of the equality clause of the constitution of South Africa: a critical analysis
(2016)
This paper examines section 27 of the Insolvency Act 24 of 1936 within the context of the right to equality in section 9 of the Constitution of the Republic of South Africa, 1996 (the Constitution). Section 27 of the ...
Organic food certification in South Africa: a private sector mechanism in need of state regulation?
(2016)
Organic production targets the development of a sustainable cultivation system and a variety of high-quality products with an emphasis on environmental protection and high standards of animal protection. In South Africa ...
Setting aside transactions from pyramid schemes as impeachable dispositions under South African insolvency legislation
(2016)
South African courts have experienced a rise in the number of cases involving schemes that promise a return on investment with interest rates which are considerably above the maximum amount allowed by law, or schemes which ...
Equal pay for work of equal value in terms of the Employment Equity Act 55 of 1998: lessons from the International Labour Organisation and the United Kingdom
(2016)
Equal pay is an area of employment law that is complex and not easily understood. This complexity is recognised by the International Labour Organisation (ILO), which notes that equal pay for work of equal value has proved ...
Judicial law-making: unlocking the creative powers of judges in terms of Section 39(2) of the constitution
(2016)
The law-making role of judges has always been the subject of much controversy. For a good many a year and especially during the apartheid regime, the approach to statutory interpretation that dominated the South African ...