Browsing Faculty of Law by Title
Now showing items 67-86 of 385
-
Criminal procedure
(Juta Law, 2015)A number of recently reported cases deal with issues of prosecutorial discretion, the duty resting upon prosecutors to protect the public interest and the proper formulation of charges by prosecutors. Unfortunately in all ... -
Criminal procedure
(Juta Law Publishing, 2015) -
Criminal procedure
(Juta, 2017)Section 342A(1) of the Criminal Procedure Act 51 of 1977 provides that a criminal court may conduct an investigation into delays in criminal proceedings. The section further provides for a number of factors that a court ... -
Criminal procedure
(Juta, 2017)In Mogale v Minister of Safety and Security 2016 (2) SACR 682 (GP) the high court had dismissed an application sought by the appellants for an order setting aside certain search warrants issued by different magistrates (at ... -
Criminal procedure : recent cases
(Juta, 2014)A summons or a written notice to appear in court may provide for the payment of an admission of guilt fine by the accused (s 57(1) of the Criminal Procedure Act 51 of 1977). Upon payment of such a fine the accused is, ... -
Criminal procedure: recent cases
(Juta, 2016)In Minister of Safety and Security v Van der Merwe 2011 (2) SACR 301 (CC) at paras [36]-[37] the Constitutional Court identified a number of legislative safeguards to ameliorate the effect of searches and seizures on ... -
A critical analysis of the effect of South African Environmental legislationon the international competitiveness of local industries
(Multicopy, University of kwaZulu, 2009) -
Critical cross‑field outcomes: a Rortian view on why and how to teach jurisprudence in South Africa in the 2010s
(University of the Free State, 2014)Higher education authorities strive towards a transformed, democratic, non‑racist, non‑sexist system which will, inter alia, promote a democratic ethos and human rights culture through educational programmes and practices ... -
A Critical Discussion of a Pension Interest as an Asset in the Joint Estate of Parties Married in Community of Property
(Speculum Juris, 2014)It is fundamentally important for persons married to each other to understand their rights and obligations in such a union, more particularly when they are married in community of property. Spouses should understand what ... -
A critical investigation of the relevance and potential of IDPs as a local governance instrument for pursuing social justice in South Africa
(2013)Unlike the situation in the past, when local government’s role was limited to service delivery, local government is now constitutionally mandated to play an expanded developmental role. As a “co-responsible” sphere of ... -
A critique of the unemployment insurance amendment bill, 2015
(2015)The contribution critically reflects on the proposed amendments to the Unemployment Insurance Act 63 of 2001 (the UIA / the Act), introduced via the provisions of the Unemployment Insurance Amendment Bill of 2015 (B25-2015). ... -
The Customary Anatomy of the Traditional Governance of the Bafokeng Traditional Community: The Implications of the Constitutional Recognition of Hereditary Headmanship
(2017-10-18)The institution of the hereditary headmanship of the Bafokeng traditional community in the North West Province, South Africa has been in existence from time immemorial. It survived the calamities and vicissitudes of both ... -
Cyberbullying: should schools choose between safety and privacy?
(2015)In this theoretical article, we explore the tangled messiness of the application of human rights versus the 21st-century monster called "cyberbullying" in schools and focus on some of the challenges schools face daily. The ... -
The day after no tomorrow? Persons displaced environmentally through climate change: AU law to the rescue?
(VerLoren van Themaat Centre for Public Law Studies, 2010)The phenomenon of so-called 'environmental refugees' has received thorough consideration from scholars. The dire consequences of climate change in relation to migration patterns have placed the focus on 'environmental ... -
Deep legal pluralism in South Africa: Judicial accommodation of non-state law
(Foundation for the Journal of Legal Pluralism African Studies Center, UCLA, 2010) -
Democratic Alliance v Minister of International Relations and Cooperation 2017 (3) SA 212 (GP)
(Juta, 2016)The relationship between South African law and public international law - with specific reference to international agreements, such as the 1998 rome Statute of the international criminal court (rome Statute) - is primarily ... -
Die aanspreeklikheid van 'n insolvente maatskappy en die likwidateur van 'n insolvente maatskappy vir vergoeding as gevolg van omgewingsbenadeling
(Juta Law, 2012)With regard to environmental harm by an insolvent company, the concern with the liquidator of the insolvent company is usually the extent to which he or she shall personally be held liable for environmental harm caused ... -
Die aanspreeklikheid van kopers van bates uit 'n insolvente boedel vir die omgewingsaanspreeklikheid van die insolvente verkoper: Lesse van die VSA
(LexisNexis, 2014)Where the environmental law and the insolvency law come up against each other in a given situation, a heated debate still continues over whether and to what extent the debtor can and should be able to fulfil its obligations ... -
Die aard en omvang van die 'alle risiko' -polis in die seeversekeringsreg
(Juta Law Publishers, 2010)It is well known that 'all-risk' policies do not actually cover all perils. The liability of the insurer in such cases is consequently not absolute. Certain 'self-evident' exclusions, in fact, exist in the case of the ...