Browsing Faculty of Law by Title
Now showing items 44-63 of 385
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The characteristics of an abstract system for the transfer of property in South African law as distinguished from a causal system
(NWU, 2012)Two divergent systems are usually differentiated between when it comes to the way in which real rights are transferred from one person to another, namely abstract and causal systems. In this article the features of each ... -
Classifying objects in space according to South African property law
(Nelson Mandela Metropolitan University, 2016)Traditionally, objects were classified according to their relation to man or according to their own nature. The classical division according to their relation to man relates to the question of whether something is susceptible ... -
Climate change, public trusteeship and the tomorrows of the unborn
(Juta, 2015)The impacts of climate change on human and ecological systems and the increasing volatility of life situations demand of scholars to critically evaluate governments' protection of the natural resource base and the interests ... -
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, ... -
Comments on the constitutional protection of religion in Swaziland
(Juta Law, 2008)Comparable to the South African legal system, the Swazi legal system has the characteristics of a dual legal system. Though the common law of Swaziland is Roman-Dutch law, Swazi customary law has a firm hold in the Swazi ... -
Common heritage: saving the environment for humankind or exploiting resources in the name of eco-imperialism?
(IFCOL, 2008)Humankind is threatened by global environmental problems. Several scholars and states have therefore proposed the application of the 'common heritage of mankind' (CHM) principle to areas that fall within the territories ... -
Common law crimes and indigenous customs: Dealing with the issues in south african law
(Foundation for the Journal of Legal Pluralism African Studies Center, UCLA, 2010) -
A comparative study on the regulation of labour brokers in South Africa and Namibia in light of recent legislative developments
(Juta Law Publishing, 2015)In an attempt to remedy the lack of proper regulation of labour brokers, the South African government has amended the Labour Relations Act 66 of 1995, especially s 198. The amendments have now reached a point where they ... -
Competing preferent community prospecting rights : a nonchalant custodian?
(2017)Traditional communities that were precluded from the benefits and financial rewards of exploitation of the mineral resources of South Africa are afforded the opportunity to lodge an application with the Department of Mineral ... -
The concept "beneficial use" as a limitation of the right to use water
(2012)Die Witskrif oor 'n Nasionale Waterbeleid vir Suid-Afrika (1997) lui dat daar net 'n reg tot water vir die omgewing en basiese menslike behoeftes is, of ingevolge 'n magtiging om water te gebruik. Die skrywers van die ... -
Confronting selected difficulties associated with the enforcement of res judicata in South Africa with reference to Samancor v Rham Equipment (532/13) [2014] ZASCA 66
(University Of The Western Cape, Faculty Of Law, 2016)The doctrine of estoppel is a cornerstone of the judicial systems of several countries, such as, Canada, the United Kingdom (UK), the United States of America (USA), New Zealand, Australia and South Africa. This doctrine, ... -
Constitutional basis for the enforcement of ''executive'' policies that give effect to socio-economic rights in South Africa
(2013)Although "executive" policies remain an important governance tool, there appears to be confusion on the status and possible basis for their judicial enforcement in South Africa. The aim of this article is to critically ... -
Constitutional conversations in the anthropocene: in search of environmental Jus Cogens Norms
(Springer Link, 2015)This chapter investigates the existence of environmental jus cogens norms and the possibility of extending peremptory norms into the environmental domain. For this purpose, the chapter briefly describes the trite manifestation ... -
Constitutional dialogue and the dialogic constitution (or: Constitutionalism as culture of dialogue)
(Unisa, 2010)A constitution speaks. So my experience as theoretician of constitutional interpretation has taught me. Constitution-speak is not a monologue, not a monolithic soliloquy, with the supreme Constitution simply speaking for ... -
Constitutional interpretation in the so-called 'hard cases': Revisiting S v Makwanyane
(Pretoria University Law Press, 2017)Grondwetlike interpretasie in sogenaamde 'moeilike sake' verg, in sekere gevalle, dat regters van subjektiewe maatstawe moet gebruik maak om definisie te verskaf aan grondwetlike regte en waardes. Dit beteken dat regters ... -
The constitutionalisation of public international law and the creation of an international rule of law: Taking stock
(VerLoren van Themaat Centre for Public Law Studies, 2009) -
The contribution of labour law and non–discrimination law to empowerment and social justice in an unequal society: a South African perspective
(Kluwer Law International, 2013)The tragic events at the Marikana mine ( North-West Province, South Africa) in 2012 again underlined the vast inequalities that persist in South African society. Significant income differentials and disparities in quality ... -
Cooperative environmental governance: at the coalface of sustainable infrastructure development in South Africa
(VerLoren Van Themaat Centre / Unisa Press, 2014)In this article, large-scale infrastructure development is situated within the sustainability paradigm with an emphasis on questions about environmental impact. W hile the focus is on South Africa, the article contributes ...