Faculty of Law: Recent submissions
Now showing items 41-60 of 388
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Criminal procedure
(Juta, 2017)Section 342A(1) of the Criminal Procedure Act 51 of 1977 provides that a criminal court may conduct an investigation into delays in criminal proceedings. The section further provides for a number of factors that a court ... -
Criminal procedure
(Juta, 2017)In Mogale v Minister of Safety and Security 2016 (2) SACR 682 (GP) the high court had dismissed an application sought by the appellants for an order setting aside certain search warrants issued by different magistrates (at ... -
The readiness of South African law and policy for the pursuit of Sustainable Development Goal 11
(University of the Western Cape, Faculty of Law, 2017)This article notionally questions the readiness of existing South African law and policy for the country's pursuit of “sustainable cities" as per Goal 11 of the Sustainable Development Goals (SDGs). The expectations created ... -
Land Matters and Rural Development: 2016 (2)
(UNISA Press, 2016)n this note on land matters, the most important measures and court decisions pertaining to restitution, land redistribution, land reform, unlawful occupation, housing, land-use planning, deeds, surveying, rural development ... -
Land matters and rural development: 2016(1)
(UNISA Press, 2016)This note covers land issues: the most important measures and court decisions pertaining to restitution, land redistribution, land reform, unlawful occupation, housing, land use planning, deeds, surveying, rural development ... -
Shifting the matrix from legal passivity to a new domestic legal order: towards the justiciability of economic, social and cultural rights in Cameroon
(Edinburgh University Press, 2017)Despite the fact that economic, social and cultural rights (ESCR) have been categorised as ‘second-generation rights', the evolving jurisprudence of international bodies indicate that these are legally recognised rights ... -
Selected Challenges and Prospects of the Zimbabwe Constitution of 2013 in the Protection of Human Rights and Constitutional Democracy in Zimbabwe
(Juta and Company, 2017)This article analyses selected aspects of the provisions of the Zimbabwe Constitution Amendment Act 20 of 2013 (“Zimbabwe Constitution 2013”) that, inter alia, deal with the protection, enforcement and limitation of ... -
Furnishing Employees with the Petition for Sequestration Constitutional and Related Issues: Stratford & Others V Investec Bank Ltd & Others 2015 (3) SA 1 (CC)
(Juta Law, 2017)The consistent application of s 9(4A) of the Insolvency Act 24 of 1936 (Insolvency Act) has, to date, been sometimes impeded by various interpretational challenges in the South African courts. For instance, the courts have ... -
A general legislative analysis of "torture" as a human rights violation in Zimbabwe
(2017)Several challenges involving torture-related human rights violations have been reported in Zimbabwe from the late 1970s to date. Notably, these torture-related human rights violations were problematic during the liberation ... -
A historical overview of the general implementation of the European Union Market Abuse Directive in the United Kingdom before Brexit and its future implications
(Sage, 2017)TThe European Union (EU) was arguably the first body to establish multinational anti-market abuse laws aimed at enhancing the detection and curbing of cross-border market abuse activities in its Member States. Put differently, ... -
Some thoughts on the Meaning and Application of Commercial Insolvency in Winding-up Proceedings Involving Contingent Creditors Absa Bank v Hammerle Group 2015 (5) SA 215 (SCA)
(Nelson Mandela Metropolitan University, 2017)The winding up of companies is dually governed by the Companies Act (71 of 2008, hereinafter “the Companies Act 2008”) and the relevant provisions of the repealed Companies Act (61 of 1973, hereinafter “the Companies Act ... -
Aspects of the application of issue Estoppel on directors fiduciary duties in South Africa: possible lessons from the United Kingdom and related jurisdictions Royal Sechaba case
(DOAJ, 2017)The doctrine of estoppel precludes a person (asserter) from asserting something different or contrary to what is implied by a previous action, conduct or statement of that person or by a previous pertinent judicial ... -
An Analysis of Socio-Economic and Cultural Rights Protection under the Zimbabwe Constitution of 2013
(Cambridge Univ Press, 2017)This article discusses certain provisions of the Zimbabwe Constitution Amendment Act 20 of 2013 that deal with the protection of socio-economic and cultural rights in Zimbabwe. The purpose of the article is to investigate ... -
A Conspectus of the Functions of the Judiciary under the Zimbabwe Constitution 2013
(Edinburgh University Press, 2017)This article provides an overview analysis of the relevant provisions of the Zimbabwe Constitution Amendment Act 20 of 2013 (Zimbabwe Constitution 2013) that, inter alia, deals with the functions of the judiciary. To this ... -
Confronting selected difficulties associated with the enforcement of res judicata in South Africa with reference to Samancor v Rham Equipment (532/13) [2014] ZASCA 66
(University Of The Western Cape, Faculty Of Law, 2016)The doctrine of estoppel is a cornerstone of the judicial systems of several countries, such as, Canada, the United Kingdom (UK), the United States of America (USA), New Zealand, Australia and South Africa. This doctrine, ... -
A Comparative Synopsis of the Enforcement of Market Abuse Prohibition in Australia and South Africa
(Brill, 2016)In Australia, the market abuse prohibition is generally well accepted by the investing and non-investing public as well as by the government. This co-operative and co-ordinated approach on the part of all the relevant ... -
Application of Section 30 of the Restitution of Land Rights Act in the Courts: Some Guidelines
(2017-10-17)In terms of section 30 of the Restitution of Land Rights Act 22 of 1994, the court is allowed to "admit any evidence, including oral evidence, which it considers relevant and cogent to the matter being heard by it, whether ... -
Oral Law in Litigation in South Africa: An Evidential Nightmare?
(2017-10-26)In the past, customary law has been applied rather haphazardly in the courts. Its inherent adaptive flexibility and indeterminate nature created confusion in a court system ill-equipped to deal with litigation dealing with ... -
The Customary Anatomy of the Traditional Governance of the Bafokeng Traditional Community: The Implications of the Constitutional Recognition of Hereditary Headmanship
(2017-10-18)The institution of the hereditary headmanship of the Bafokeng traditional community in the North West Province, South Africa has been in existence from time immemorial. It survived the calamities and vicissitudes of both ... -
A Fresh Perspective on Historical Sexual Abuse: The Case of Hewitt v S 2017 1 SACR 309 (SCA)
(2017-12-18)Sexual crimes continues to be a scourge in our society. It is therefore not surprising that the prevention and criminalisation of sexual crimes in South Africa has received a large amount of attention over the last few ...
