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The use of force in effecting arrest in South Africa and the 2010 bill: a step in the right direction?
(NWU, 2011)
In South Africa the use of force in effecting arrest is statutorily governed by section 49 of the Criminal Procedure Act 51 of 1977. The inception of the Constitution brought about a dramatic change in South African law ...
Arrests without warrant: the SCA brings clarity - Minister of Safety and Security v Sekhoto 2011 1 SACR 315 (SCA); [2011] 2 All SA 157 (SCA): case
(NMMU, 2011)
Section 40(1) of the Criminal Procedure Act 51 of 1977 provides for a number of different instances where a peace officer may effect an arrest without an arrest warrant. A perusal of the reported case law pertaining to the ...
Korporatiewe identiteit as die basis van strafregtelike aanspreeklikheid van regspersone (2): Die Praktyk
(NWu, 2011)
The shortcomings of individualist models of corporate criminal liability have led to the development of more realistic approaches to the criminal liability of juristic persons. In this contribution two legislative attempts ...
The interpretation and application of article 13(b) of the Hague Convention on the Civil Aspects of International Child Abduction
(Juta, 2011)
This article examines how courts in the UK, the USA and South Africa apply and interpret article 13(b) of the Hague Convention on the Civil Aspects of International Child Abduction. Courts in the UK have always adopted a ...
Informality, employment contracts, and social insurance coverage: rights-based perspectives in a developing world context
(Kluwer Law International, 2011)
This contribution critically reflects on rights-based perspectives in relation to the extension of social security, in particular social insurance coverage to those who work informally, with a focus on the developing world. ...
Die bepaling van die 'sentrum van hoofbelange' by oorgrens insolvensies: is die Parmalat-benadering voldoende om die behoeftes van moderne handel te bevredig?
(University of the Free State, 2011)
The determination of the ‘centre of main interests’ in cross-border insolvencies: Is the Parmalat approach sufficient to meet the needs of modern commerce?
Despite various viewpoints on the determination of the centre ...
The status and role of legislation in South Africa as a constitutional demoracy: some exploratory observations
(NWU, 2011)
This note explores the proposition that in the face of probably one of the most unequivocal forms of constitutional review in a modern day state, legislation in South Africa has since 27 April 1994 grown in status (and ...
Activation in the context of the unemployment insurance system in South Africa
(Juta, 2011)
The main aim of labour market activation policies is to bring jobless people from unemployment or inactivity into work or, at the very least, to influence the employment prospects of the unemployed positively. Activation ...
Land matters and rural development: 2010
(Unisa, 2011)