Law
Recent Submissions
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Parental Alienation Syndrome as factor when determining care and/or contact of children in divorce
(North-West University (South Africa), 2023)With an alarmingly high divorce rate, together with the rise in high conflict disputes regarding the care and contact of children, there has never been a greater need to emphasise children's emotional and psychological ... -
The implementation and enforcement of the legal environmental health mandate in South Africa
(North-West University (South Africa), 2023)The environment is a vital determinant of the human condition. In South Africa many people's health, well-being, and quality of life suffer from environmental health hazards. Over the last two decades government adopted ... -
The right to primary education for refugee and asylum-seeking children in Cameroon : an appraisal of compliance with international law duties
(North-West University (South Africa), 2023)In international human rights law, the right to education is arguably one of the most important rights for at least two reasons. First, it cuts across as a social, economic and cultural right. Second, it has a direct bearing ... -
The effect of sanctions and sanctions clauses in letters of credit on the independent nature of these instruments
(North-West University (South Africa), 2023)Two essential principles of letters of credit are autonomy and stringent compliance. Autonomy describes letters of credit as being distinct from and unrelated to the underlying agreement between the parties. The underlying ... -
Environmental Disclosures : evaluating the ‘E’ in environmental social and governance (ESG) as a response to strengthening environmental accountability
(North-West University (South Africa), 2023)Considering the immense levels of environmental degradation induced by business and development activities, could the ‘E’ in environmental social and governance be a sufficient response to bolstering environmental ... -
The nature of public participation in environmental compliance in South Africa in light of recent case law
(North-West University (South Africa), 2023)South Africa’s Constitution guarantees environmental rights, that extend to access to environmental information, the right to participate in environmental decision-making, and also the right to access remedies in environmental ... -
Crossing the public/private sphere divide - limiting freedom of testation in the private sphere – King v De Jager 2021 4 SA 1 (CC)
(North-West University (South Africa), 2023)A fundamental principle of the law of testate succession is freedom of testation, which is indirectly protected in section 25(1) of the Constitution of the Republic of South Africa, 1996 (hereafter the Constitution). ... -
Towards the formulation and inclusion of formalities for the revocation of wills
(North-West University (South Africa), 2023)The revocation of wills is currently regulated in South Africa by common law principles and judicial decisions. This has resulted in conceptual lacunae. In light of the above legal gap, it can be argued that formalities ... -
Legality review as a mechanism for South African municipalities to curb corruption in their award of contracts for goods or services
(North-West University (South Africa)., 2023)South Africa is a State Party to international and African regional instruments dedicated to combatting corruption. These instruments oblige South Africa implement legal and policy measures to address corruption in public ... -
Municipal regulation of communicable and vector- borne disease control in terms of South African law
(North-West University (South Africa)., 2023)Communicable and vector-borne diseases have always been a longstanding public health threat to populations across the globe. In 2019 communicable diseases accounted for approximately 18 per cent of all global deaths. Recent ... -
Legislative governance and transformation in the South African mining sector: The legal nature of the 2018 Mining Charter
(North-West University (South Africa)., 2023)Historically, mineral rights in South Africa were regarded as valuable assets in the hands of landowners, based on the property law principle of cuius est solum, eius est usque ad coelum et ad inferos. The principle describes ... -
The South African legal framework's response to the prevalence of cybercrime in electronic commerce
(North-West University (South Africa)., 2023)At present, cryptocurrency is not centrally regulated in South Africa. The study aims to determine the extent and capacity of the South African legal framework to regulate and protect all parties to electronic commerce ... -
City-level law and governance for water security in South Africa
(North-West University (South Africa)., 2023)South African cities are experiencing significant water challenges owing to urbanisation, climate change, and a confluence of social, economic, political, technical, and governance problems. These challenges are significantly ... -
The right to privacy and polygraph tests in the South African workplace
(North-West University (South Africa), 2023)In South Africa, employers use polygraph tests on their employees and the results are often regarded admissible as evidence in labour disputes. However, polygraph testing in the workplace is not adequately regulated by any ... -
The legal status of letters of comfort
(North-West University (South Africa)., 2023)Letters of comfort (LOCs) have been in use for many decades, but their legal status remain unclear in South Africa and elsewhere. When a subsidiary needs a loan from a bank but does not have adequate collateral to back up ... -
Analysis of the right to have access to sufficient water in South Africa
(North-West University (South Africa)., 2023)The aim of the study was to analyse the right to have access to sufficient water across the country, the progress and challenges faced by both the government and residents in the provision of sufficient water. The government ... -
Section 23(1)(d) of the Labour Relations Act : the potential deprivation of employees' collective labour rights
(North-West University (South Africa)., 2023)Section 23(1)(d) of the Labour Relations Act 66 of 1995 is a provision that allows an employer and a trade union that enjoys representivity of the majority of employees at a workplace to enter into a collective agreement ... -
Die aard van wetgewende diskresies by die Suid-Afrikaanse uitvoerende gesag
(North-West University (South Africa)., 1999)"No Abstract" -
Die aard van wetgewende diskresies by die Suid-Afrikaanse uitvoerende gesag
(North-West University (South Africa)., 1999)"No abstract" -
Estate planning, islamic marriages and the Constitution
(North-West University (South Africa)., 2001)Doel van hierdie studie: die doel van hierdie studie is om die probleme wat voorkom by die boedelbeplanning van persone wat getroud is ingevolge die Islam Persone reg, te identifiseer, waar hierdie probleme ontstaan as ...
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