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The Right to Just Administrative Action in the Context of Suspending the Payment of Disputed Tax
(2017-12-08)
Section 164(3) of the Tax Administration Act 28 of 2011 (hereafter TAA) provides a senior South African Revenue Service official (hereafter, respectively, SARS and senior SARS official) with discretionary powers to suspend ...
Johannes Althusius' Grand Federalism, the Role of the Ephors and Post-Statist Constitutionalism
(2017-12-05)
This article discusses the primary structures Johannes Althusius’ constitutionalism, as explained in his Politica: Politics Methodically Set Forth and Illustrated with Sacred and Profane Examples published in 1603. The ...
Twenty Years of Constitutional Court Judgments: What Lessons are there about Sentencing?
(2017-12-05)
This contribution considers the Constitutional Court of South Africa’s judgments regarding aspects of sentencing. It starts with an overview of relevant judgments, before attending in more detail to judgments on the minimum ...
The Foundational Tenets of Johannes Althusius' Constitutionalism
(2017-11-02)
In his Politica: Politics Methodically set Forth and Illustrated with Sacred and Profane Examples published in 1603 Johannes Althusius’ sets out his grand scheme of republican federalism. Soon, however, the final establishment ...
What is the Future of Polygyny (Polygamy) in Africa?
(NWU, 2017-11-06)
The traditional practice of polygyny, whereby only a man is allowed to marry more than one wife in a customary marriage, has long been perceived to be an offender of women's rights. Recent family law reforms on the African ...
Examining the Application of Deterrence in Sentencing in Malawi
(2017-12-18)
This article is an exposition of the application of deterrence in Malawian sentencing jurisprudence. Drawing from case law, it explores how courts employed deterrence before 1994 and the role deterrence continues to play ...
Decolonisation and Teaching Law in Africa with Special Reference to Living Customary Law
(2017-10-26)
The student protests in South African Universities, which started in 2015, demanded the decolonisation of certain aspects of higher education. While the primary demand is free education, issues of the curriculum and ...
Editorial: Special Edition Engaging with African Customary Law: Legal History in Contemporary South Africa
(2017)
This special edition consists of a selection of contributions delivered an event on "Custom, Oral History and Law: Writing South African Legal History", co-hosted by the Law School, University of Edinburgh and the Faculty ...
The Role of the Labour Court in Collective Bargaining: Altering the Protected Status of Strikes on Grounds of Violence in National Union of Food Beverage Wine Spirits & Allied Workers v Universal Product Network (Pty) Ltd (2016) 37 ILJ 476 (LC)
(2017-12-19)
This note explores the powers of the Labour Court as envisaged in the Labour Relations Act 66 of 1995 (LRA), where a protected strike disintegrates into violent riotous conduct. The legal status of protected strikes raises ...
Water Security and International Law
(2017-01-17)
The article explores water security from an international law point of view. The article argues that in order to better understand water security it is important to focus on the function of international water law. Even ...