Law
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A critical evaluation of the human rights of involuntary mental health care users
(2015)The regulation of mental health care has its roots in Roman law. The history of the regulation of mental health care may be described as belonging in the darker pages of history. Mental health laws in South Africa have ... -
Protection of paternity leave and related rights for employed fathers under the Labour Laws Amendment Act 10 of 2018
(North-West University (South Africa), 2020)South Africa’s employment history has very little written about employed fathers compared to records about working mothers. However, fathers have been out in the workplace, away from home, longer than mothers have. During ... -
Statutory analysis of debt relief measures for low-income earners in South Africa
(North-West University (South Africa), 2020)Debt relief is important in the current credit-driven society where consumers live off credit for their day-to-day needs in South Africa. Currently, there are three statutory debt relief measures at the disposal of insolvent ... -
A comparative study on the principles of equal pay for equal work in South Africa in the context of gender discrimination
(North-West University, 2019)In 1995, the South African apartheid system came to an end. After a lengthy period of discussions between the blacks and whites, certain celebrated legal measures were introduced. Some of the legal developments which were ... -
Renewable energy access: towards a modern legal African Union energy framework
(North-West University, 2019)The lack of access to energy, specifically modern energy, and the heavy reliance on traditional biomass (collectively referred to as energy poverty) is often blamed for negative health impacts and poor overall socio-economic ... -
Post-constitutional developments in the interpretation of contracts
(North-West University, 2019)In South Africa, contractual law principles find their origin from the common law. As it is known today, South Africa is a constitutional democracy and all law, including contract law should comply with the Constitution ... -
Hydraulic fracturing and procedural environmental rights in South Africa
(North-West University, 2019)Hydraulic fracturing, the process which facilitates the extraction of shale gas from rock formation from depths of up to two miles below the earth's surface, has the potential to adversely impact environmental and the other ... -
The South African regulatory framework pertaining to bio-energy as a climate change mitigation driver in SADC
(North-West University, 2019)Abrupt changes in our planetary climate system are one of the greatest threats to humanity's continued existence on the planet. These changes are exacerbated by the emission of greenhouse gases (GHG) into the atmosphere ... -
The legal nature of bond notes in Zimbabwe
(North-West University, 2019)The legal field of money and currency is one of the most complex fields of law. Issues of creation of money and its regulation have largely been left to sovereign nations with little interference at international level. ... -
Mining in Chrissiesmeer wetland and state custodianship
(North-West University, 2019)A mining right was granted in 2006 to Black Gold Coal Estates (Pty) Ltd by the then Department of Minerals and Energy to conduct open cast coal mining activities in the middle of the ecologically sensitive Chrissiesmeer ... -
The cultural practice of ukuthwala in South Africa
(North-West University, 2019)It has been argued that the practice of ukuthwala is one of the forms of child marriage in South Africa. The practice is widely spread, especially in the Eastern Cape among the Xhosa Communities. The practice of ukuthwala ... -
Dutch lessons on including climate impact assessments in South African environmental law
(North-West University, 2019)In pursuit of economic development, human kind has throughout the ages repeatedly and continuously interfered with nature. Historically, nature has been exploited without regard to the impacts of human activities on the ... -
Forced labour: The protection of illegal migrant workers in South Africa
(North-West University, 2019)Illegal immigrants have been said to be one of the most vulnerable and precarious groups in society. This vulnerable position creates many problems for illegal immigrants, of which forced labour is one. This research aims ... -
Transparency regulation in the diamond mining sector in Lesotho: Lessons from South Africa
(North-West University, 2019)The aim of the study was to discuss the mining legislation in Lesotho in relation to transparency that enables local communities to participate in the diamond mining sector taking lessons from South Africa. The study makes ... -
A comparative study of the legal status of electronic wills
(North-West University, 2019)People are using technology to make their lives more convenient and to save time; they no longer conclude transactions in the traditional way but do the majority of their transactions electronically. South Africa promulgated ... -
Towards the recognition of the illegality exception under documentary credits in South Africa
(North-West University, 2019)Letters of credit have two cardinal principles namely Strict compliance and the Independence principle. Strict compliance entails that for a beneficiary to be honoured under a credit, he has to strictly comply with the ... -
The legal duty of municipalities to enhance inclusive urbanisation in South Africa: a cultural diversity perspective
(North-West University, 2019)he United Nations Educational, Scientific and Cultural Organisation (UNESCO) was founded on the realisation that societies cannot thrive on a sustainable basis without the respect and protection of cultural diversity. This ... -
Applying state responsibility for transboundary harm through an evolutionary lens
(North-West University, 2019)The Principle of State Responsibility and Liability For Transboundary Harm is a constantly evolving obligation on states. States can no longer exercise their sovereignty in such a way that it causes harm to another state's ... -
Huweliksvoorwaardekontrakte en die effek van die verandering van die huweliksgoederebedeling na huweliksluiting
(North-West University, 2019)Parties in South Africa have the choice to choose the matrimonial property regime which would be convenient for them when they conclude a marriage. When the parties want to marry out of community of property, they must ... -
The impact of the views of the child in family disputes where the child's wishes are contrary to the perceived best interests of the child
(North-West University, 2019)It is evident from the legislation of South Africa and Australia that the best interest of the child is paramount in all matters concerning the child. However, article 12 of the United Nations Convention on the Rights of ...
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