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Protecting the foundation and magnificent edifice of the legal profession: reflections on Thukwane v Law Society of the Northern Provinces 2014 5 SA 513 (GP) and Mtshabe v Law Society of the Cape of Good Hope 2014 5 SA 376 (ECM)
(2015)
The High Court decisions in Thukwane v Law Society of the Northern Provinces 2014 5 SA 513 (GP) and Mtshabe v Law Society of the Cape of Good Hope 2014 5 SA 376 (ECM) dealing with the question whether a parolee could be ...
Clinical legal education models: recommended assessment regimes
(2015)
Clinical legal education (CLE) forms part of the LLB curriculum at most South African Universities. There are many similarities in the approach to CLE, but often also many differences. The clinical models of four South ...
The bald and golden eagle protection act, species-based legal protection and the danger of misidentification
(2015)
The Bald and Golden Eagle Protection Act of 1940 bestows legal protection on two North American eagle species in the United States of America. The Act was originally aimed at the legal protection of only one species: the ...
When the judiciary flouts separation of powers: attenuating the credibility of the national prosecuting authority
(2015)
The stature of the National Prosecuting Authority (NPA) has been subverted through highly publicised political interference by the executive. Beginning with the marathon legal entanglements of the current South African ...
Court supervised institutional transformation in South Africa
(2015)
The traditional adversarial model of litigation in South Africa operates on the basis that two or more parties approach the court, each with its own desired outcome. The court is then obliged to decide in favour of one of ...
Realisation of a child's right to a basic education in the South African school system: some lessons from Germany
(2015)
Education has, since the beginning of time, been regarded as the formal process by which society conveys its accumulated knowledge, skills, customs and values from one generation to another. Today, education is a human ...
RAF v Sweatman (162/2014) [2015] ZASCA 22 (20 March 2015) A simple illustration of the SCA's statutory misinterpretation of section 17(4)(c) of the road accident fund act 56 of 1998
(2015)
In Road Accident Fund v Sweatman (162/2014) [2015] ZASCA 22 (20 March 2015) (hereafter Sweatman) the Supreme Court of Appeal was faced with the interpretation of section 17(4)(c) of the Road Accident Fund Act 56 of 1998 ...
The viability and constitutionality of the South African national register for sex offenders: a comparative study
(2015)
Section 42 of the Criminal Law (Sexual Offences and Related Matters) Amendment Act 32 of 2007 established a National Register for Sex Offenders where the particulars of all offenders guilty of sexual transgressions against ...
A critique of the unemployment insurance amendment bill, 2015
(2015)
The contribution critically reflects on the proposed amendments to the Unemployment Insurance Act 63 of 2001 (the UIA / the Act), introduced via the provisions of the Unemployment Insurance Amendment Bill of 2015 (B25-2015). ...
Rethinking terra nullius and property law in space
(2015)
With a new era dawning with regard to access to space and an increase in the number of nations capable of reaching and exploiting space, the field of space law as a whole needs to be re-evaluated. One such area where current ...