Browsing Journals by Subject "Consent"
Now showing items 1-4 of 4
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Conflicting Levels of Engagement under the Interim Protection of Informal Land Rights Act and the Minerals and Petroleum Development Act: A Closer Look at the Xolobeni Community Dispute
(PER/PELJ, 2020)The South African customary land tenure system is currently administered in terms of the Interim Protection of Informal Land Rights Act 31 of 1996 (IPILRA). As the name suggests, this is a temporary measure to protect ... -
Exempting Health Research from the Consent Provisions of POPIA
(PER/PELJ, 2021)The Protection of Personal Information Act 4 of 2013 (hereafter POPIA) has the potential to disrupt health research in South Africa. While the legal status quo is that broad consent by research participants is acceptable, ... -
Legislation as a critical tool in addressing social change in South Africa: lessons from Mayelane v Ngwenyama
(2015)Several changes have occurred in South Africa within the customary law system to ensure gender justice, including the enactment of the Recognition of Customary Marriages Act 120 of 1998. The purpose of the Recognition Act ... -
Sailing between Scylla and Charybdis: Mayelane v Ngwenyama
(2014)Mayelane v Ngwenyama 2013 4 SA 415 (CC) is arguably the most important judgment concerning the recognition of customary marriages in recent times. This article attempts to unpack some of the many issues that arise from the ...