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Legal ethics, rules of conduct and the moral compass – considerations from a law student's perspective
(2016)
When young law graduates enter the legal profession they will undoubtedly be exposed to difficult situations that will demand of them to make difficult decisions, often having to balance conflicting systems of belief and ...
Protection of the African lion: a critical analysis of the current international legal regime
(2016)
This article looks at the current international regime that pertains to the African lion, a species that needs adequate protection across its range (a range that does not adhere to state boundaries). This analysis comes ...
Concern regarding the "debt" created by rule 14.10.9 of the government employees' pension fund rules
(2016)
This paper highlights the prejudicial effect of the rule within the rules of the Government Employees Pension Fund (GEPF), which allows this fund to create a "divorce debt" for its member when the court has ordered that ...
Planning and Arun's (not so straight and narrow) roads
(2016)
Arun Property Development (Pty) Ltd wished to subdivide portions of the farm Langeberg 311, Durbanville. The 1988 structure plan for the area had indicated that certain roads would traverse the property. These and other ...
The admission and enrolment of foreign legal practitioners in South Africa under the Legal Practice Act: international trade law and constitutional perspectives
(2016)
Globalisation requires ever closer co-operation between legal professionals hailing from different national jurisdictions. This interactive global environment has fostered growing international training and mobility among ...
Doctrinal sanction and the protection of the rights of religious associations: Ecclesia De Lange v The Presiding Bishop of the Methodist Church of Southern Africa (726/13) [2014] ZASCA 151
(2016)
Scholarship on the protection of religious rights and freedoms in the context of religious associations in South Africa has gained in momentum since the decision by the Equality Court in Johan Daniel Strydom v Nederduitse ...
The core meaning of human dignity
(2016)
The concept of human dignity is relatively new in international and domestic constitutional law. Dignity is protected as a value or a right, or both, in international law and many domestic jurisdictions. It is difficult ...
Judicial understanding of the reliability of eyewitness evidence: a tale of two cases
(2016)
One of the most significant consequences of the use of post-conviction DNA testing in the criminal justice system has been the growing recognition that eyewitness identification testimony is simply not as reliable as it ...
Employers' statutory vicarious liability in terms of the protection of Personal Information Act
(2016)
A person whose privacy has been infringed upon through the unlawful, culpable processing of his or her personal information can sue the infringer's employer based on vicarious liability or institute action based on the ...
Unaccompanied and separated foreign children in the care system in the Western Cape – a socio-legal study
(2016)
This article reports on the findings of a study of foreign children accommodated in the care system in the Western Cape, based on fieldwork conducted in child and youth care centres. The objectives of the study were firstly ...