Now showing items 16-35 of 55
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Equal pay for work of equal value in terms of the Employment Equity Act 55 of 1998: lessons from the International Labour Organisation and the United Kingdom
(2016)Equal pay is an area of employment law that is complex and not easily understood. This complexity is recognised by the International Labour Organisation (ILO), which notes that equal pay for work of equal value has proved ... -
An evaluation of the self-regulation of promotional competitions in South Africa
(2016)Promotional competitions are competitions in which prizes are awarded by lot or chance in order to promote goods or services. In order to protect participants and consumers against abuse, these competitions are usually ... -
Exploring universal partnerships and putative marriages as tools for awarding partnership property in contemporary family law
(2016)Following upon the Supreme Court of Appeal's judgment in Butters v Mncora 2012 4 SA 1 (SCA), which broadened the criteria and consequences of universal partnerships in cohabitation relationships, this article investigates ... -
Extending recognition of indigenous burial practices in Selomo v Doman 2014 JDR 0780 (LCC)
(2016)Burying deceased family members in familial gravesites close to the homestead of the living has been a well-established practice in Southern Africa for many centuries. In terms of indigenous cultural and religious norms ... -
The functions of selected human rights institutions and related role-players in the protection of human rights in Zimbabwe
(2016)Various violations of the human rights of ordinary people and human rights defenders have been reported in Zimbabwe since the late 1980s. It is widely acknowledged that such violations have been perpetrated mostly by the ... -
The impact of minority status in the application of affirmative action: NAIDOO v MINISTER of SAFETY and SECURITY 2013 5 BLLR 490 (LC)
(2016)Affirmative action measures within the workplace seek to ensure equal employment opportunities and create a workforce that is representative of South African society. Accordingly, employers need to ensure that the substantive ... -
Impact of the Boko Haram insurgency on the child's right to education in Nigeria
(2016)This paper is focused on the impact of the Boko Haram insurgency in Nigeria on the child's right to education. The article concludes by assessing how the Nigerian government has lived up to its obligations under international ... -
The impact of the Twin peaks model on the insurance industry
(2016)Financial regulation in South Africa changes constantly. In the quest to find the ideal regulatory framework for optimal consumer protection, rules change all the time and international trends have an important influence ... -
Included or excluded: an analysis of the application of the free, prior and informed consent principle in land grabbing cases in Cameroon
(2016)Even though the principle of free, prior and informed consent (FPIC) is soft law, the need to respect, protect and fulfil the rights to be informed and to be involved in development projects is strongly backed in international ... -
Investigating the reasons behind the increase in medical negligence claims
(2016)Medical negligence claims have increased significantly over the last number of years. The trend is still ongoing and concerns have been raised about the impact of this increase on the medical industry. Medical practitioners ... -
Judicial law-making: unlocking the creative powers of judges in terms of Section 39(2) of the constitution
(2016)The law-making role of judges has always been the subject of much controversy. For a good many a year and especially during the apartheid regime, the approach to statutory interpretation that dominated the South African ... -
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 ... -
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 ... -
The legal status of evidence obtained through human rights violations in Uganda
(2016)The Constitution of the Republic of Uganda, 1995 is silent on the issue of dealing with evidence obtained through human rights violations. This silence dates to the earlier Constitutions of 1962, 1966 and 1967. It is only ... -
Organic food certification in South Africa: a private sector mechanism in need of state regulation?
(2016)Organic production targets the development of a sustainable cultivation system and a variety of high-quality products with an emphasis on environmental protection and high standards of animal protection. In South Africa ... -
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 ... -
Property rights in space: moving the goal posts so the players don't notice
(2016)Elsewhere in "Rethinking Terra Nullius and Property in Space", I have argued that due to the changing circumstances of access to space by private entities rather than governments, the current legal situation with regard ... -
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 ... -
Public procurement as a tool to drive innovation in South Africa
(2016)This article is an analysis of the use of public procurement as a tool to drive innovation. It explores the meaning of innovative procurement or public procurement of innovation, as well as the rationale for using public ... -
Publisiteitsbevele as vonnisopsie vir regspersone - publicity orders as sentencing option for juristic persons
(2016)This contribution addresses the issue of adverse publicity orders as a possible supplementary sentencing option for corporate offenders. In South Africa fines are the primary sentencing option available to courts when ...
