Now showing items 1-10 of 10
The Constitutional Validity of Search and Seizure Powers in South African Criminal Procedure
An important part of crime investigation is the obtaining of evidence through the search and seizure of persons and things. The South African Constitution Summary 1 At the outset it should be pointed out that this article ...
Marimuthu Munien V BMW Financial Services (SA) (PTY) LTD Unreported Case No 16103/08 (KZD)
Section 129(1)(a) read with section 130(1) and 130(3) of the National Credit Act 34 of 2005 (the NCA) provides that, as a required procedure before debt enforcement, a credit provider must draw the default to the consumer's ...
Formulating specialised Legislation to address the Growing Spectre of Cybercrime: A Comparative Study
The article looks at cyber legislation formulated to address cybercrime in the United States of America, the United Kingdom, Australia, India, the Gulf States and South Africa. The study reveals that the inability of ...
The Debt Couselling Process-Closing the Loopholes in the National Credit Act 34 of 2005
Statistics showing that only 3.8% of consumers who have applied for debt review in terms of the National Credit Act 34 of 2005 (NCA) have succeeded to have their cases adjudicated by the court, indicate that the process ...
Cultural Practices and HIV in South Africa: A Legal Perspective
South Africa has not escaped the rising prevalence and severe impact of HIV/AIDS in relation to women. From an economic and social vantage point, the HIV/AIDS epidemic effects women the hardest, with underprivileged black ...
Die Mishandelde Vrou in die Strafreg: 'n Regsvergelykende ondersoek
This article seeks to critically examine recent criminal law developments in Australia, England and Wales that specifically address the situation in which battered women find themselves. This article specifically focuses ...
Traditional Leadership and Independent Bantustans of South Africa: Some Milestones of Transformative Constitutionalism beyond Apartheid
The institution of traditional leadership represents the early form of societal organisation. It embodies the preservation of culture, traditions, customs and values. This paper gives a brief exposition of the impact that ...
The Development of the Interface between Law, Medicine and Psychiatry: Medico-Legal Perspectives in History
Medicine and law were related from early times. This relation resulted as a necessity of protecting communities from the irresponsible acts of impostors. Various legal codes dealing with medical malpractice existed in ...
Religious Freedom and Equality as Celebration of Difference: A Significant Development in Recent South African Constitutional Case-Law
This contribution focuses on the way in which the South African Constitutional Court has, since 1997, been dealing with the (seemingly) eccentric claims of (assumedly) idiosyncratic 'religious Others'. Developments in this ...
The Bench and Academia