Browsing Faculty of Law by Title
Now showing items 343-362 of 385
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The South African constitutional court's use of foreign precedent in matters of religion: without fear or favour?
(2015)Since its establishment in 1994, the South African Constitutional Court has been quite fearless in its citation of foreign precedents in its reasoning. Compared with that of similar adjudicative institutions elsewhere, the ... -
South African mineral law: a historical overview of the State's regulatory power regarding the exploitation of minerals
(NWU, 2012)The Mineral and Petroleum Resources Development Act 28 of 2002 [MPRDA] acknowledges that the country’s mineral resources belong to the nation. The State is subsequently appointed as custodian of these resources. As ... -
Specific performance as a primary remedy in the South African Law of Contract
(Virtus Interpress, 2015)Specific performance is a primary remedy for breach of contract available for the aggrieved party. This order emphasises the performance of contractual obligations. Although the plaintiff can elect to claim specific ... -
The status and role of legislation in South Africa as a constitutional demoracy: some exploratory observations
(NWU, 2011)This note explores the proposition that in the face of probably one of the most unequivocal forms of constitutional review in a modern day state, legislation in South Africa has since 27 April 1994 grown in status (and ... -
Stewardship doctrines of public trust: has the eagle of public trust landed on South African soil?
(Juta Law, 2013)The idea of a doctrine of public trust is a controversial one in South African law. Despite the fact that international commentators argue that a constitutional and statutory foundation has been laid for a doctrine of ... -
Strategies to integrate environmental policy at the operational level towards an integrated framework for environmental authorisations
(University of Natal, School of Law, 2008) -
Student-centred problem-based learning as a transformative approach to legal education
(Independent Institute of Education, 2017)The quality of LLB graduates is causing an outcry among members of the legal profession. Concerns that law graduates are poorly prepared to meet the demands of practice and do not possess the legal skills expected of them ... -
Synergies across the natural resources management fields in Southern Africa: disaster risk reduction and One Health
(AOSIS OpenJournals, 2013)For various reasons, Southern Africa may be considered the playground as well as the thinking tank for many theories and practices in the natural resources management field. History has contributed to reshape conservation ... -
The anthropocene's global environmental constitutional moment
(Oxford University Press, 2014)Considering that the Earth is approximately an unfathomable five billion years old, scientists usefully divide this vast expanse of geological time into geochronological units of descending order of length termed 'eons,' ... -
The duty of the state to act fairly in litigation
(Juta, 2017)South African organs of state are obliged to act fairly, justly and honestly when litigating. These obligations are derived from the Constitution of the Republic of South Africa, 1996, which places positive constitutional ... -
The identity question versus appropriateness of legal anti-discrimination measures: endorsing the disability rights approach to albinism
(Pretoria University Law Press (PULP), 2017)The marginalisation of persons with albinism has for years gone unnoticed. Recently various platforms have been used to combat reported harmful practices against persons with albinism, particularly in Africa. While it is ... -
The influence of environmental rights on the balance of convenience in the granting of interim interdicts: a note on WJ Building & Civil Engineering Contractors CC v Umhlathuze Municipality and others
(University of KwaZulu-Natal, 2015)Public procurement entails the procurement, by organs of state, of goods and services from the private sector.1 Such procurement often has environmental implications. This is especially the case in infrastructure procurement ... -
The inter-relationship between administrative law and labour law: public sector employment perspectives from South Africa
(VerLoren Van Themaat Centre / UNISA Press, 2015)The legal position of public sector employees who challenge employment decisions taken by the state or organs of state in its/their capacity as employer in South Africa has long been problematic. Even though at least four ... -
The readiness of South African law and policy for the pursuit of Sustainable Development Goal 11
(University of the Western Cape, Faculty of Law, 2017)This article notionally questions the readiness of existing South African law and policy for the country's pursuit of “sustainable cities" as per Goal 11 of the Sustainable Development Goals (SDGs). The expectations created ... -
The requirements for adequate security in Lieu of an enrichment Lien
(Elsevier, 2016)Pheiffer v Van Wyk 2015 5 SA 464 (SCA) is a key decision in the South African enrichment law because it satisfactorily and authoritatively deals with the following problematic lien-related aspects: (a) whether a third party ... -
The Traditional Health Practitioners Act and its remedies: reflections after the operationalisation of the majority of the Act's provisions
(Juta, 2016)In 2005, the Traditional Health Practitioners Act 35 of 2004 was signed into law. This marked the first time in South Africa that there was legislation dedicated to the regulation of the traditional health sector. This ... -
The unforeseen humanitarian law implications of the NATO intervention in Libya
(Juta, 2015)Gaddhafi’s forty-two-year rule in Libya ended after uprisings against his government led to a civil war and eventually intervention by the international community. On 31 March 2011, the North Atlantic Treaty Organization ... -
The use of citizenship and nationality as instruments of control
(Juta, 2014)During the past few years the international spotlight has fallen sharply on the curtailment, withdrawal and total denial of citizenship and nationality by states. The renewed interest shown in theseissuesis, amongst others,a ... -
Theoretical (dis-) position and strategic leitmotivs in constitutional interpretation in South Africa
(2015)This essay takes a look at the historic restoration that bequeathed this country and its people a prototypical, justiciable Constitution. The advent of constitutional democracy in South Africa went hand in hand with an ... -
Threats to security posed by ISIS in Syria: a human security approach
(Librello, 2017)The civil war in Syria coupled with the attacks by ISIS, has resulted in one of the largest humanitarian crises since World War II. Although international efforts have resulted in regaining control of important cities, ...