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Now showing items 31-40 of 55
Derivative misconduct and forms thereof: Western Refinery Ltd v Hlebela 2015 36 ILJ 2280 (LAC)
(2016)
Western Platinum Refinery Ltd v Hlebela 2015 36 ILJ 2280 (LAC) ("Hlebela") required the Labour Appeal Court to grapple with difficult questions presented by a generic dilemma which confronts an employer who is faced with ...
Publisiteitsbevele as vonnisopsie vir regspersone - publicity orders as sentencing option for juristic persons
(2016)
This contribution addresses the issue of adverse publicity orders as a possible supplementary sentencing option for corporate offenders. In South Africa fines are the primary sentencing option available to courts when ...
Exploring universal partnerships and putative marriages as tools for awarding partnership property in contemporary family law
(2016)
Following upon the Supreme Court of Appeal's judgment in Butters v Mncora 2012 4 SA 1 (SCA), which broadened the criteria and consequences of universal partnerships in cohabitation relationships, this article investigates ...
Public procurement as a tool to drive innovation in South Africa
(2016)
This article is an analysis of the use of public procurement as a tool to drive innovation. It explores the meaning of innovative procurement or public procurement of innovation, as well as the rationale for using public ...
The functions of selected human rights institutions and related role-players in the protection of human rights in Zimbabwe
(2016)
Various violations of the human rights of ordinary people and human rights defenders have been reported in Zimbabwe since the late 1980s. It is widely acknowledged that such violations have been perpetrated mostly by the ...
Constitutional values, therapeutic jurisprudence and legal education in South Africa: shaping our legal order
(2016)
Law schools have a responsibility to remind law students that by studying law they have the power to transform thoughts, policies and lives, and that practising law is not just about financial rewards, but that its greatest ...
Remedial principles and meaningful engagement in education rights disputes
(2016)
This article evaluates the meaningful engagement doctrine in the education rights jurisprudence of the Constitutional Court in the light of a set of normative principles developed by Susan Sturm for evaluating participatory ...
Property rights in space: moving the goal posts so the players don't notice
(2016)
Elsewhere in "Rethinking Terra Nullius and Property in Space", I have argued that due to the changing circumstances of access to space by private entities rather than governments, the current legal situation with regard ...
Re-positioning the law of theft in view of recent developments in ICTS – the case of South Africa
(2016)
This article examines the impact of information and communication technologies (ICTs) on the development of the principles of theft. The Roman and South African law of theft forms the basis of such a study. This investigation ...
Regional integration and pacta sunt servanda: reflections on South African trans-border higher education policies
(2016)
The underpinning essence of being part of a regional organisation such as the Southern African Development Community (SADC) is to achieve development through integration. Regional integration thus becomes the bedrock from ...