Browsing Faculty of Law by Title
Now showing items 323-342 of 385
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Selected aspects of the regulation of insider trading and market manipulation in the European Union and South Africa
(Brill, 2015)The increasingly global market has given rise to increased interaction and interdependence among national regulators as well as investors in different jurisdictions. However, this has brought several regulatory problems ... -
Selected Challenges and Prospects of the Zimbabwe Constitution of 2013 in the Protection of Human Rights and Constitutional Democracy in Zimbabwe
(Juta and Company, 2017)This article analyses selected aspects of the provisions of the Zimbabwe Constitution Amendment Act 20 of 2013 (“Zimbabwe Constitution 2013”) that, inter alia, deal with the protection, enforcement and limitation of ... -
Selected Challenges in the South African Anti–Market Abuse Enforcement Framework in Relation to Some Aspects of the Financial Markets
(Sabinet, 2014)The objective of this article is to provide an overview analysis of the challenges and/or flaws in the current anti-market abuse-enforcement framework in relation to some selected specific aspects of the financial markets ... -
Sentencing the corporate offender in South Africa: a comparative approach
(Juta Law, 2012)In terms of the Criminal Procedure Act a fine is the only sentencing option available to the court upon convicting a corporation for a criminal offence. The fine is imposed upon the individual representing the corporation ... -
Setting the scene for climate change litigation in South Africa: Earthlife Africa Johannesburg v Minister of Environmental Affairs and Others [2017] ZAGPPHC 58 (2017) 65662/16
(SOAS University of London, 2017)The recent decision of Earthlife Africa Johannesburg v Minister of Environmental Affairs and Others provides the foundation for streamlining climate change concerns within the context of socio-economic developments. This ... -
Sexual harassment as a ground for dismissal: a critical evaluation of the labour and labour appeal courts' decisions in Simmers v Campbell Scientific Africa
(Juta, 2017)In die hantering van seksuele teistering as 'n vorm van wangedrag het werkgewers en voorsittende beamptes die statutêre verpligting om die riglyne in die “Goeie praktykskode: hantering van seksuele teistering gevalle" (soos ... -
The sexual orientation of a parent as a factor when considering care
(Faculty of Law, North-West University, Potchefstroom, 2013) -
Shifting the matrix from legal passivity to a new domestic legal order: towards the justiciability of economic, social and cultural rights in Cameroon
(Edinburgh University Press, 2017)Despite the fact that economic, social and cultural rights (ESCR) have been categorised as ‘second-generation rights', the evolving jurisprudence of international bodies indicate that these are legally recognised rights ... -
Social protection in Lesotho: innovations and reform challenges
(Taylor & Francis, 2013)Given its current socioeconomic conditions and fiscal ability, Lesotho has achieved an impressive record in creating a basic social assistance and social protection system, informed by political commitment and through ... -
Solar geoengineering : the case for an international non-use agreement
(2022)Solar geoengineering is gaining prominence in climate change debates as an issue worth studying; for some it is even a potential future policy option. We argue here against this increasing normalization of solar ... -
Some comments on the sweet and bitter of the National Environmental Law Framework for 'Local Environmental Governance'
(Verloren van Themaat Centre, UNISA, 2009)This article critically reviews the core of the statutory environmental law framework that currently regulates local environmental governance in South Africa in order to distill and critically reflect on some common strengths ... -
Some perspectives on constitutional conflict in local disaster management through the lens of Pheko v Ekurhuleni Metropolitan Municipality 2012 2 SA 598 (CC)
(VerLoren Van Themaat Centre / Unisa Press, 2013)Socially created vulnerabilities are largely ignored in the hazards and disaster literature because they are so difficult to measure and quantify. Social vulnerability is partially a product of social inequities – those ... -
Some thoughts on environmental claims in liquidation
(J.H. de Bussy, 2013)The purpose of this note is to establish if it is ever possible, after completion of the liquidation process, to recover the balance of a claim for damages not fully paid during the liquidation of an insolvent company. ... -
Some thoughts on the Meaning and Application of Commercial Insolvency in Winding-up Proceedings Involving Contingent Creditors Absa Bank v Hammerle Group 2015 (5) SA 215 (SCA)
(Nelson Mandela Metropolitan University, 2017)The winding up of companies is dually governed by the Companies Act (71 of 2008, hereinafter “the Companies Act 2008”) and the relevant provisions of the repealed Companies Act (61 of 1973, hereinafter “the Companies Act ... -
Somewhere between Rhetoric and Reality: environmental constitutionalism and the rights of nature in Ecuador
(Cambridge University Press, 2017)Today, numerous constitutions provide for a rights-based approach to environmental protection. Based as they are on an instrumentalist rationality that seeks to promote human entitlements to nature, the majority of these ... -
South Africa s water crisis: The idea of property as both a cause and solution
(University of the Western Cape, Faculty Of Law, 2017)It is approaching 20 years since South Africa's legal transformation of its water regulatory framework. With the legal transformation, the traditional exclusive private law ownership-object approach to water resources ... -
South Africa's constitutional environmental right (generously) interpreted : what is in it for poverty?
(Juta, 2011)Section 24 of the Constitution of the Republic of South Africa, 1996 provides that everyone has the right to an environment that is not detrimental to his or her health or well-being. The nature and ambit of the environmental ... -
South Africa's integrated urban development framework and sustainable development goal 11: policy mismatch or success?
(Nelson Mandela Metropolitan University, 2017)This paper critically questions the extent to which the Integrated Urban Development Framework, 2016 (IUDF) provides for strategic goals and policy levers towards the pursuit of sustainable cities in South Africa as ... -
The South African Civil Union Act 2006: progressive legislation with regressive implications?
(Oxford University Press, 2008)A ground-breaking judgment handed down by the Constitutional Court on 1 December 2005 gave parliament 1 year within which to promulgate legislation that facilitated same-sex marriage in South Africa. In response, the Civil ...