Law
Recent Submissions
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A re-evaluation of what constitutes “property” for purposes of the Administration of Estates Act 66 of 1965
(North-West University (South Africa)., 2022)The purpose of this study was to determine whether the current omission of a definition of “movable property” in the Administration of Estates Act 66 of 1965 (hereafter the Administration of Estates Act) is problematic ... -
The invocation of force majeure in international commercial contracts during the COVID-19 pandemic
(North-West University (South Africa)., 2022)The emergence of the coronavirus at the end of 2019 has altered the way we live. As at 17 October 2021 the total number of COVID-19 infections and deaths worldwide stood at 241 318 300 and 4 912 575 respectively. The ... -
The regulation of cyber warfare under contemporary international humanitarian law
(North-West University (South Africa)., 2022)The purpose of this research paper is to establish whether International Humanitarian Law is applicable to armed conflicts that consist of a cyber element and if so, to what extent it would apply. This required an in-depth ... -
Municipal legal accountability for environmental damage in the context of environmental rule of law : a jurisprudential appraisal
(North-West University (South Africa)., 2022)"Abstract not copied" -
A critical analysis of the rights of employees in fixed-term contracts : the right to reasonable expectation
(North-West University (South Africa)., 2022)The aim of the study was to critically analyse developments and strides made in effecting protection to employees on fixed-term contracts. There has been an increase in the use of non-standard employment relationships, ... -
Municipal planning law for climate change mitigation in South African cities
(North-West University (South Africa)., 2022)City inhabitants worldwide are vulnerable to the severe effects of climate change, such as floods and droughts. South African cities are no exception with the residents of cities such as the City of Tshwane and the City ... -
A legal perspective on the development of a South African local government climate change mitigation waste management framework
(North-West University (South Africa)., 2022)Climate change is a global phenomenon caused by human systems having negative impacts on nature, threatening continued human existence on earth. These impacts are caused by increased greenhouse gas (GHG) emissions into the ... -
A legal analysis of the regulation of the Lloyd's of London’s cover holders in the South African insurance industry
(North-West University (South Africa)., 2022)As seen between the Short-Terms Insurance Act 53 of 1998, Insurance Act 18 of 2017 and Financial Advisory and Intermediary Services Act 37 of 2002, the South African insurance industry has been substantively regulated. The ... -
The governance role of local government in the recycling of domestic waste
(North-West University (South Africa), 2022)Research has shown that South African households produce on average 54.2 million tons of waste per year. This means that each South African produces just under one ton of waste each year. There has been an ever-growing ... -
Water use at South Africa’s coal power stations : a legal analysis
(North-West University (South Africa), 2022)South Africa is facing water and energy crises; the demand of which is often in excess of their availability. The water crisis recently culminated into the reality of ꞌday zeroꞌ scares in the city of Cape Town, while planned ... -
Local government accountability in South Africa : an environmental law reading
(North-West University (South Africa), 2022)The role of sub-national (local) government is increasingly essential in terms of sustainable development, especially from a global governance perspective. Cities across the world are organised to become sustainable ... -
Medisinale cannabis-gebruik : ʼn analise van beleidshervorming in Suid-Afrika, Uruguay en die Verenigde State van Amerika
(North-West University (South Africa), 2022)The international discourse about the regulation of cannabis has increased and intensified in recent years. Jurisdictions have increasingly amended their legislation permitting for the medical or therapeutic use of the ... -
Ecologically sustainable development as a constitutional value : South African perspectives
(North-West University (South Africa), 2022)In South Africa, constitutional values generally play a vital role in the adjudication of disputes. This is aligned with section 39(2) of the Constitution which mandates courts to promote the values underpinning an open ... -
Towards achieving sustainable economic development through the African Continental Free Trade Area : a legal analysis
(North-West University (South Africa), 2022)The African continent holds tremendous potential for prosperity, due in part to vast reserves of diverse natural resources and a population of over 1.3 billion people. The economic potential of the continent has the capacity ... -
Public-Private Partnerships as a legal tool for realising Sustainable Development Goal 11 in South Africa
(North-West University (South Africa)., 2022)As a UN Member State, South Africa has adopted the 2015 Sustainable Development Goals (SDGs) to guide its development trajectory until 2030. In a nutshell, the SDGs provide a vision to leave no one behind in the achievement ... -
The application of section 54 of the Mine, Health and Safety Act and reasonableness
(North-West University (South Africa)., 2022)Health and safety issues in the mining sector are problematic. For many years the disregard of mine health and safety compliance led to fatal injuries and a rise in death tolls. Section 54 of the Mine Health and Safety Act ... -
The right to progressively free higher education in terms of International and South African Law
(North-West University (South Africa)., 2022)Protest action in relation to increasing tuition fees at the level of tertiary education has become quite a regular occurrence in South Africa. It is in this context that this study ponders the question whether, in the ... -
The interpretation of "the relevant sector of the public" in terms of section 35(1A) of the Trade Marks Act 194 of 1993 : well-known trade marks
(North-West University (South Africa)., 2022)South African trade marks are protected under the country’s common law and statutes and also in terms of the Constitution of the Republic of South Africa, 1996 (hereafter the Constitution). Because intellectual property ... -
Prosecution of health care risk waste offenders in terms of South African law
(North-West University (South Africa)., 2022)The proper management of Health Care Risk Waste (HCRW) is essential in order to protect the natural environment and the wellbeing of humans and animals. This study was undertaken to determine the extent to which the South ... -
The use of artificial intelligence for adjudication in South Africa
(North-West University (South Africa)., 2022)It is no secret that South African courts are overburdened. This overload of the South African courts system makes access to justice, which is already a constitutional imperative, an even more elusive goal to achieve. ...
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