Browsing by Subject "Unlawfulness"
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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). ... -
One person's culture is another person's crime : a cultural defence in South African law?
(2014)The South African legal system is dualistic in nature with the one part consisting of the Western common law and the other consisting of African customary law. Although these two legal systems enjoy equal recognition, they ...