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Now showing items 1-10 of 14
Yet another call for a greater role for good faith in the South African law of contract: Can we banish the law of the jungle, while avoiding the elephant in the room?
(2013)
This article examines the current approach of the South African courts to the role of good faith or bona fides in contracts, as well as the courts’ stated reasons for this approach. The article specifically examines how ...
Reflections on judicial views of Ubuntu
(2013)
Since S v Makwanyane, ubuntu has become an integral part of the constitutional values and principles that inform interpretation of the Bill of Rights and other areas of law. In particular, a restorative justice theme has ...
Creating a servitude to solve an encroachment dispute: a solution or creating another problem?
(2013)
The main focus of this note is the case of Roseveare v Katmer, Katmer v Roseveare
2013 ZAGPJHC 18, which provides an interesting (though possibly constitutionally
problematic) perspective to the encroachment problem. The ...
A critical assessment of the minimum age convention 138 of 1973 and the worst forms of child labour convention 182 of 1999
(2013)
The International Labour Organisation (the ILO) has regulated child labour through the Minimum Age Convention and the Worst Forms of Child Labour Convention. Such conventions aim at the reduction and eventual elimination ...
What intellectual property lawyers can learn from Barbra Streisand, Sepp Blatter, and the "Coca-Cola cry-baby": Dealing with "trademark bullying" in South Africa
(2013)
This article suggests some pause for reflection amongst intellectual property lawyers, and for serious consideration of the words of an internationally-renowned IP law expert: "Possessing a right does not mean that it is ...
The prosecution of incitement to genocide in South Africa
(2013)
The inchoate crime of direct and public incitement to commit genocide was first recognised under the Convention on the Prevention and Punishment of the Crime of Genocide (1948). The creation of the crime was a direct result ...
Achieving equity in the fishing industry: the fate of informal fishers in the context of the policy for the small-scale fisheries sector in South Africa
(2013)
The implementation of the Marine Living Resources Act 18 of 1998 which governs fisheries management in South Africa is guided by a series of objectives. Chief amongst these are the need to ensure resource sustainability, ...
Unpacking the right to plain and understandable language in the consumer protection act 68 of 2008
(2013)
The Consumer Protection Act 68 of 2008 came into effect on 1 April 2011. The purpose of this Act is, among other things, to promote fairness, openness and respectable business practice between the suppliers of goods or ...
Race as/and the trace of the ghost: jurisprudential escapism, horizontal anxiety and the right to be racist in BoE trust limited
(2013)
This contribution draws on critical race theory and critical legal theory in order to read and critique the Supreme Court of Appeal judgment of Erasmus AJA in BoE Trust Limited 2013 3 SA 236 (SCA). It will specifically ...
"Originality" and "reproduction" in copyright law with special reference to photographs
(2013)
Turning to lessons from foreign jurisdictions, this note explores from a copyright perspective the fact that photographs are produced mechanically and more often than not without any effort or mental input. A minute number ...