Now showing items 1-10 of 590
The AU model law on universal jurisdiction: an African response to western prosecutions based on the universality principle
The African continent has been consistent in placing its concerns regarding the manner in which international criminal justice is administered on the international platform. For the past decade, the continent has minced ...
DNA Profiling and the Law in South Africa
DNA evidence is currently at the forefront of the arsenal of evidence employed in criminal trials. To ensure its optimum use in criminal proceedings, it is imperative that the legal fraternity is properly conversant with ...
The Southern African Development Community Trade Legal Instruments Compliance with Certain Criteria of GATT Article XXIV
Article XXIV of the General Agreement on Tariffs and Trade (GATT) lays down the legal principles with which regional trade agreements have to conform. Based on these principles, WTO members have the mandate to determine ...
"Just say sorry?" Ubuntu, Africanisation and the Child Justice System in the Child Justice Act 75 of 2008
In the midst of concerns about serious offences committed by young people, the Child Justice Act is the first formal legislative step to introduce restorative justice in South Africa, and promotes reconciliation and problem ...
Distinguishing Between Private Law and Social–Security Law in Deducting Social Grants from Claims for Loss of Support
This article attempts to highlight the potential danger in applying private–law principles to social–security law in deciding whether or not social grants should be deducted from awards for damages. Typically, this issue ...
The national credit act's remedies for reckless credit in the mortgage context
The National Credit Act 34 of 2005 prohibits the granting of reckless credit and also provides for certain remedies that courts can grant to consumers who have fallen victim to reckless lending practices. Depending on the ...
"For the Sake of the Children": South African Family Relocation Disputes
Decisions by primary caregiving parents to relocate after divorce, thereby disrupting the non–primary caregivers’ right of contact with children or, where both parents have joint care, the denial of the other’s parental ...