Browsing Faculty of Law by Title
Now showing items 283-302 of 385
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RA Le sueur v eThekwini Municipality 2013 JDR 0178 (KZP): an environmental law reading
(Juta Law Publishing, 2014)Drawing on earlier scholarly works that deal with the legally relevant interface between local government and the constitutional environmental duties of the state, this case comment ventures into an outline of the factual ... -
Raamwerkwetgewing ter verwesenliking van die reg op toegang tot voldoende voedsel
(NWU, 2012)Various South African government reports list food security as a development priority. Despite this prioritisation and despite the fact that South Africa is currently food self-sufficient, ongoing food shortages remain ... -
The real agreement as causa for the transfer of immovable property
(LexisNexis Butterworths, 2015)The difference between the causal and abstract theories of transfer of ownership has been discussed extensively in property law textbooks and journals, mostly with the emphasis on movable property. Initial judgments on ... -
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 ... -
A rebellious step in the right direction? A note on the dissenting judgment of Sachs J in Fuel Retailers Association of Southern Africa v Director-General: Environmental Management, Department of Agriculture, Conservation and Environment, Mpumalanga Province
(Multicopy, University of kwaZulu, 2009) -
Redesigning the South African unemployment insurance fund: selected key policy and legal perspectives
(Juta, 2011)This contribution examines selected issues from a policy and legal perspective. Against the background of the broader social security reform agenda in South Africa and the vision of a comprehensive social security system, ... -
Reflections on the conflict of interests of children and parents
(J.H. de Bussy, 2013)Een van die mees ingewikkelde probleme wat deur die beste belang van die kind aan die orde gestel word is in die interaksie tussen die regte van kinders en hulle ouers geleë. Die Grondwet bevat geen aanduiding hoe die ... -
Reflections on the South African Code of Banking Practice : aantekeninge
(Juta, 2014)The Code of Banking Practice (hereafter the "code"), which in its current format applies from 1 January 2012, arguably forms one of the most important influences on the modern bank and customer relationship in South Africa. ... -
The regime of forfeiture of patrimonial benefits in South Africa and a critical analysis of the concept of unduly benefited
(De Jure, 2014)Hierdie artikel poog om die verbeurdverklaring van vermoëensregtelike voordele van die huwelik in die Suid-Afrikaanse reg volledig te bespreek. Die Suid-Afrikaanse howe is gereeld genader om sulke bevele in egskeidings ... -
Regulating communal land rights: The saga continues
(LexisNexis Butterworths, 2009)The regulation off-label drugs is a complicated and controversial area of the law. Regulators must protect patients’ safety without interfering with physicians’ practice of medicine or manufacturers’ First Amendment rights. ... -
Regulation of hydraulic fracturing in South Africa: a project life-cycle approach?
(2015)This note deals with the 2015 regulations pertaining to hydraulic fracturing in South Africa from a project life-cycle approach. A brief history of the fragmentation of the regulation of environmental and mining related ... -
The regulation of insider trading in australia: a historical and comparative analysis
(Scielo South Africa, 2015)Notably, in Australia, market abuse practices like market manipulation and other market misconduct practices are expressly prohibited under the Corporations Act as amended by the Financial Services Reform Act. In the light ... -
The regulation of the possession of weapons at gatherings
(Faculty of Law, North-West University, Potchefstroom, 2013) -
The relevance of a contextualisation of the state-individual relationship for child victims of armed conflict
(NWU, 2012)The relationship between the individual and the State is discussed in this contribution. The argument is put forward that both the State and the individual are legal subjects endowed with legal subjectivity. In their ... -
Religion in the classroom: comparative observations
(Unisa Press, 2012)As a profound characteristic of humanity that cannot be circumvented or dismissed, faith, religion and religious practices are ubiquitous. There is a direct link between the propagation of religions and education. Despite ... -
Remitting of a case to the trial court and the duty to the steps to obtain evidence to determine the existence of substantial and compelling circumstances
(SABINET- SA ePublications, 2015)It has been a while since the minimum-sentencing legislation introduced a new approach to sentencing in the South African courts. After the initial resistance and considerable diversity in the different courts' approach ... -
The requirements for a valid pactum successorium in an antenuptial contract: the curious case of Radebe v Sosibo NO
(Juta Law, 2012)This note discusses some remarks made in Radebe v Sosibo NO 2011 (5) SA 51 (GSJ) (hereafter the Radebe case) - a matter heard on appeal in the South Gauteng High Court. The case dealt, in essence, with the question whether ...