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Remitting of a case to the trial court and the duty to the steps to obtain evidence to determine the existence of substantial and compelling circumstances
(SABINET- SA ePublications, 2015)
It has been a while since the minimum-sentencing legislation introduced a new approach to sentencing in the South African courts. After the initial resistance and considerable diversity in the different courts' approach ...
The Traditional Health Practitioners Act 22 of 2007: A Perspective on some of the Statute's Strengths and Weaknesses
(AJOL, 2015)
The Traditional Health Practitioners Act 22 of 2007 was enacted to regulate the traditional health sector in South Africa. With effect from 1 May 2014, a cluster of the Act’s sections became effective by promulgation in ...
An overview analysis of selected challenges in the enforcement of the prohibition of insider trading and market manipulation in the European Union and South African regulatory frameworks
(AJOL, 2015)
It is submitted that cross-border trading in securities has caused a great number of challenges for various national regulators, especially with regard to the enforcement of market abuse laws. For instance, cross-border ...
Applying a transdisciplinary mixed methods research design to explore sustainable diets in rural South Africa
(Sage, 2015)
This article describes a conceptual framework for exploring sustainable diets, using a case study example of ongoing research in the Vaalharts region, a rural setting in South Africa. A qualitative research approach is ...
Rethinking violence, reconciliation and reconstruction in Burundi
(ER- Potchefstroom Electronic Journal, 2015)
Armed violence and genocide are among the on-going problems that are still facing contemporary Africa and the world. In the aftermath of the outrages, devastation and appalling carnage of the Second World War, member states ...
Specific performance as a primary remedy in the South African Law of Contract
(Virtus Interpress, 2015)
Specific performance is a primary remedy for breach of contract available for the aggrieved party. This order emphasises the performance of contractual obligations. Although the plaintiff can elect to claim specific ...
Factors justifying forfeiture or patrimonial benefits orders: Molapo vs Molapo
(SABINET -SA ePublications, 2015)
Marriage in community of property carries major implications for ownership of the parties' assets, liability for their debts as well as their capacity to enter into legal transactions (Tomlin v London and Lancashire Insurance ...
The regulation of insider trading in australia: a historical and comparative analysis
(Scielo South Africa, 2015)
Notably, in Australia, market abuse practices like market manipulation and other market misconduct practices are expressly prohibited under the Corporations Act as amended by the Financial Services Reform Act. In the light ...
Energy efficiency and the law: a multidisciplinary approach
(ASSAf, 2015)
South Africa is an energy-intensive country. The inefficient use of, mostly, coal-generated energy is the cause of South Africa’s per capita contribution to greenhouse gas emissions, pollution and environmental degradation ...
"Corrective rape" of lesbians in the era of transformative constitutionalism in South Africa
(2015)
There have been numerous incidents of “corrective” rape of lesbians in recent years. This article examines the adequacy of the existing South African legal framework to deal with incidents of “corrective” rape against the ...