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Die reg van die homoseksuele ouer om beheer en toesig oor 'n kind te verkry in die lig van die bepalings van die Grondwet
(1999)
The problematic nature of the right of a homosexual parent to vest custody over a child is biarticulated: the nature and extent of custody disputes as well as the issues of discrimination based on sexual orientation are ...
Ubuntu and the law in South Africa
(1998)
The new constitutional dispensation, like the idea of freedom in South Africa, is also not free of scepticism. Many a time when crime and criminal activity are rife, sceptics would lament the absence of ubuntu in society ...
Muslim personal law and the meaning of "law" in the South African and Indian constitutions
(1999)
The Muslim population of South Africa follows a practice which may be referred to as Muslim personal law. Although section 15 of the Constitution of the Republic of South Africa 108 of 1996 recognises religious freedom and ...
The best of both worlds? some reflections on the interaction between the common law and the Bill of rights in our new constitution
(1999)
The relationship between the Bill of Rights in the South African Constitution of 1996 and the common law is analyzed in this paper. "Common law" is understood broadly to include not only the Roman-Dutch law, but also the ...
Gesinspolitiek en die ouer-kind verhouding
(1998)
The family-unit did, in one form or another occur since the beginning of man’s existence. The aim of the unit was to sire children and to provide for them until they reached maturity. To realise this provisional aim, a ...
Tradisionele leiers: erkenning en die pad vorentoe
(1998)
There has for many years been legal recognition of Traditional Leaders in South African laws, such as the Black Administration Act 38 of 1927 and regulations and proclamations issued in terms of other legislation. Recently ...
Die betekenis van die bepalings van die 1996 Grondwet: Die aanhef en hoofstuk 1
(1998)
The Preamble and Chapter 1 This contribution is intended to be the first installment of a systematic interpretation of the Constitution of the Republic of South Africa 1996.
Due to the foundational and repetitive reference ...
Konstitusionele voorskrifte rakende regspersone
(1998)
The interim Constitution of 1993 and the final Constitution of 1996 contain specific provisions applicable to juristic persons. Juristic persons are also entitled to the fundamental rights contained in the Bill of Rights ...
De Nederlanse casus: Een politiek gevecht om de grondwetsherziening
(1999)
The political struggle leading up to the Dutch Constitution of 19831 is an empirical theoretical relevant case. A particular theoretical point of view (called the theoretical perspective of scientific legal intervention) ...
Die dialektiek in die waardes van die 1996 Grondwet
(1998)
In his paper The Dialectics in the Values of the 1996 Constitution Jan Swanepoel discusses various value statements in the 1996 Constitution of the Republic of South Africa and focuses the attention on indications of a ...