Faculty of Law
Recent Submissions
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Legal guidelines for the collection of information in the competitive intelligence process in South Africa
(AOSIS, 2003)Regardless of the complexity and uncertainty in any environment, information processing (a firm’s ability to adapt to existing market conditions) is largely dependent on its ability to process relevant market information ... -
Artikel 102 van die insolvensiewet en notariële verbande: van onsekerheid na sekerheid?
(LexisNexis, 2017)In this note, the application of section 102 of the Insolvency Act 24 of 1936 is analysed. This section provides preference (and not real security) to the holder of a specific type of notarial bond. To understand the ... -
Die effek van sekwestrasie op huiswerkers en die bepaling van voordeel vir skuldeisers weer onder die loep
(LexisNexis, 2017)The concept of “advantage to creditors” in insolvency law is not without problems. Inevitably the question arises, and is discussed in this note, whether the notion of creditor advantage ultimately got stuck at determining ... -
Promises of protection? Article 16 of the Convention on the Rights of Persons with Disabilities and gender-based violence in South Africa
(Elsevier, 2017)Article 16 of the Convention on the Rights of Persons with Disabilities (CRPD) guarantees persons with disabilities freedom from exploitation, violence and abuse. This article explores the current status of implementation ... -
Help, harm or hinder? Non-governmental service providers' perspectives on families and gender-based violence against women with intellectual disabilities in South Africa
(Taylor & Francis, 2017)Through in-depth interviews with service providers from non-governmental organisations (n = 58), this article describes the intricacy of familial relationships for women with intellectual disabilities in South Africa who ... -
Sexual harassment as a ground for dismissal: a critical evaluation of the labour and labour appeal courts' decisions in Simmers v Campbell Scientific Africa
(Juta, 2017)In die hantering van seksuele teistering as 'n vorm van wangedrag het werkgewers en voorsittende beamptes die statutêre verpligting om die riglyne in die “Goeie praktykskode: hantering van seksuele teistering gevalle" (soos ... -
South Africa s water crisis: The idea of property as both a cause and solution
(University of the Western Cape, Faculty Of Law, 2017)It is approaching 20 years since South Africa's legal transformation of its water regulatory framework. With the legal transformation, the traditional exclusive private law ownership-object approach to water resources ... -
South Africa's integrated urban development framework and sustainable development goal 11: policy mismatch or success?
(Nelson Mandela Metropolitan University, 2017)This paper critically questions the extent to which the Integrated Urban Development Framework, 2016 (IUDF) provides for strategic goals and policy levers towards the pursuit of sustainable cities in South Africa as ... -
Rethinking the language of constitutional comparison
(Taylor & Francis, 2017)While constitutional comparatists may be talking the same language while saying (or thinking) different things, the significance of constitutional communication and more importantly of comparative endeavours may suffer ... -
A review of academic freedom in Africa through the Prism of the UNESCO's 1997 Recommendation
(CODESRIA, 2016)An assessment of the level of compliance of the UNESCO Recommendation in Europe, Australia, USA and other jurisdictions indicates that the document has been honoured more in its breach than in its observance. Having returned ... -
Insolvency Law- Update
(2017) -
The identity question versus appropriateness of legal anti-discrimination measures: endorsing the disability rights approach to albinism
(Pretoria University Law Press (PULP), 2017)The marginalisation of persons with albinism has for years gone unnoticed. Recently various platforms have been used to combat reported harmful practices against persons with albinism, particularly in Africa. While it is ... -
A comparative analysis of the right to access to environmental information in South Africa and Uganda
(Taylor & Francis, 2017)Even though the Ugandan legal framework on the right to access to environmental information has been described as one of the best in East Africa, it raises some legal concerns that could conceivably result in the limitation ... -
Democratic Alliance v Minister of International Relations and Cooperation 2017 (3) SA 212 (GP)
(Juta, 2016)The relationship between South African law and public international law - with specific reference to international agreements, such as the 1998 rome Statute of the international criminal court (rome Statute) - is primarily ... -
Threats to security posed by ISIS in Syria: a human security approach
(Librello, 2017)The civil war in Syria coupled with the attacks by ISIS, has resulted in one of the largest humanitarian crises since World War II. Although international efforts have resulted in regaining control of important cities, ... -
Rethinking the regulation of environment impact assessment and precaution in Mauritius
(SOAS University of London, 2017)As a small island developing state, Mauritius needs to manage its natural assets with a precautionary approach, especially as the tourism industry is one of the main pillars of its economy. While the precautionary principle ... -
Promoting environmental justice through civil-based instruments in South Africa
(SOAS University of London, 2017)Achieving environmental justice in South Africa is critically important, not only because of historical reasons rooted in the country's apartheid past, but also to ensure that everyone in the country, especially marginalized ... -
Somewhere between Rhetoric and Reality: environmental constitutionalism and the rights of nature in Ecuador
(Cambridge University Press, 2017)Today, numerous constitutions provide for a rights-based approach to environmental protection. Based as they are on an instrumentalist rationality that seeks to promote human entitlements to nature, the majority of these ...
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