Law
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The Expropriation Bill 2015 and section 25 of the constitution
(North-West University, 2018)The land issue in the Republic of South Africa has been a contentious area of focus in both legal as well as political circles. Since the remnants of democracy becoming visible, the land issue has been the subject of much ... -
Limiting freedom of testation: evaluating ‘discriminatory’ stipulations in testamentary charitable trusts
(North-West University, 2018)South Africa has a history of discrimination and differentiation, which has negatively affected society. Since the Constitution of the Republic of South Africa came into being, the legal position regarding the limitation ... -
Combating corruption in public procurement in developing countries: a legal analysis
(North-West University, 2018)This study was motivated by the quest to find new innovative and practical ways of combating public procurement corruption in developing countries to complement the existing measures. This was achieved by comparing three ... -
Finding innovative solutions to extend labour law and social protection to vulnerable workers in the informal economy
(North-West University, 2018)The world of work has changed and this includes its fundamental design, purpose and coverage of employment. Work in the informal economy has increased and in many developing and middle income countries, work in the informal ... -
Confidentiality in mediation: a legal analysis
(North-West University, 2018)Mediation is well-established as a way in which parties settle disputes worldwide. Although mediation has not grown in South Africa to the extent that it has in countries like Australia and the United States of America, ... -
Combating organised crime in South Africa
(North-West University, 2018)Organised crime obstructs the healthy functioning of democratic society, especially in the case of developing countries, like South Africa. Organised criminal groups threaten the well-being of a country’s citizens, while ... -
Cultural heritage protection: the authority and functions of municipalities
(North-West University, 2018)Historically, the heritage sector in South Africa was primarily focused on the preservation of architecture, monuments and buildings. The threat to tangible manifestations of heritage was also globally acknowledged. The ... -
The challenges of undocumented refugee children in accessing the right to basic education in South Africa
(North-West University, 2018)South Africa receives a large influx of refugees who flee from their countries of nationality due to the intolerable conditions in those countries, in search of safety for themselves and their children. The documentation ... -
Mediese sertifikate ingevolge die Traditional Health Practitioners Act: die kwessie van geldigheid en betroubaarheid
(North-West University, 2018)In Suid-Afrika geniet kulturele en godsdienstige regte grondwetlike beskerming en dit hou in dat elkeen ook die reg het om ingevolge sy of haar kulturele praktyke en geloofsisteme 'n tradisionele geneesheer te raadpleeg. ... -
South Africa as an arbitral seat for international commercial arbitration
(North-West University, 2018)International commercial arbitration remains a growing economy in the world today. People are now turning to arbitration to ensure adjudication by an expert and to ensure a confidential process where the parties involved ... -
A critical evaluation of the South African land tenure policy: a comparison with selected aspects of the Kenyan and Tanzanian law
(North-West University, 2018)This research deals with communal land insofar as it relates to communal land tenure security, women’s access to communal land and resolution of disputes. In this regard, lessons are drawn from the Tanzania and Kenyan ... -
The role of the judiciary in advancing the right to a healthy environment: eastern and southern African perspectives
(North-West University, 2018)The right to a healthy environment has been constitutionalised in Uganda, Kenya, South Africa and Zimbabwe. While the wording of the right in these countries broadly mirrors that of the right to a healthy environment ... -
Hindu perspectives on alternative dispute resolution: Lessons for South African criminal law
(North-West University, 2018)Alternative Dispute Resolution (ADR) existed in various forms in most traditional societies since time immemorial. Today, modern ADR mechanisms are widely recognised and utilised globally to resolve a broad range of disputes. ... -
Beregting van konstruksiegeskille kragtens die FIDIC Red Book
(North-West University, 2018)Die konstruksiebedryf speel 'n onontbeerlike rol in beide ontwikkelde en ontwikkelende lande. Die belangrikheid daarvan kan nie net toegeskryf word aan die grootte van die konstruksiebedryf en bydrae wat dit lewer in sosiale ... -
South African renewable energy law and the mitigation of climate change
(North-West University, 2018)The negative effects of climate change such as unpredictable weather patterns resulting in flash floods, drought and heat wave to mention only a few had forced countries, United Nations and non-governmental organisations ... -
The role of the SADC Protocol on Trade in Services in regional integration
Trade in Services can be described as a transaction between a supplier and a consumer without any physical movement of goods across international borders. This, in itself, presents major economic growth possibilities in ... -
Modifying contract law principles to accommodate automated transactions in South Africa
(North-West University, 2018)Modern electronic commerce is chiefly characterised by the use of unattended computers in the negotiation and conclusion of agreements. Commonly referred to as "electronic agents," these computers assist their users to ... -
Culture in the pursuit of sustainable development in South Africa: a legal approach
(North-West University, 2018)Over time, it has become evident that development that is measured by economic indices alone without consideration of other dimensions of development is ineffective and unsustainable. Concerns as to the continuous exploitation ... -
The inclusion of virtual currencies in the calculation of income tax
(North-West University, 2018)This study is aimed at the application of South African legislation to virtual currencies, such as Bitcoin. Due to the increased popularity of virtual currencies, its future taxation could be determined in the light of ... -
The role of court-annexed mediation in providing access to justice in the resolution of commercial disputes
(North-West University, 2018)Nowadays, parties in commercial disputes face various challenges as well as financial constraints. Due to limited financial resources as well as the abovementioned constraints, especially in small emerging enterprises/medium ...
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