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One person's culture is another person's crime : a cultural defence in South African law?
(2014)
The South African legal system is dualistic in nature with the one part
consisting of the Western common law and the other consisting of African
customary law. Although these two legal systems enjoy equal recognition,
they ...
The international legal framework regarding the accessibility of infrastructure for physically disabled learners at public schools in South Africa
(2014)
According to Section 29(1) of the Constitution of the Republic of South Africa, 1996 everyone is entitled to and has the right to basic education. "Everyone” includes disabled learners. The international framework regarding ...
Testeervryheid in die huidige konstitusionele bedeling
(North-West University (South Africa) , Potchefstroom Campus, 2016)
Die vraag wat deur hierdie skripsie beantwoord word is of testeervryheid beperk kan
word deur konstitusionele regte en indien wel, tot watter mate. Om hierdie vraag te
beantwoord moet vasgestel word watter formele vereistes ...
Die kind se grondwetlike reg tot basiese onderwys en die verpligting van die staat tot voorsiening van infrastruktuur
(2013)
Section 29 of the Constitution of the Republic of South Africa, 1996 states that everyone has the right to basic education. This provision must be interpreted in order to determine whether it refers to a period of education, ...
A critical analysis of political Influence on the judicial appointments process in South Africa
(North-West University (South Africa), 2019)
In the democratic era in South Africa, the judiciary is an independent branch of government vested with the administration of justice function. It must perform this function through judicial officers who are impartial and ...
Strict liability offences : are they not in conflict with purpose of sentence and constitutional expectations?
(North-West University (South Africa)., 2011)
Aim of the study: The intention of this study is, generally, to show that strict liability has
no place in a democratic society based on human dignity, equality and freedom , as it
undermines the purpose of sentence and, ...
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 ...
The State's duty to realise the Right to Education in a culturally diverse classroom
(North-West University, 2019)
In terms of section 29(1) of the Constitution of the Republic of South Africa, 1996 (hereinafter referred to as the Constitution), ''everyone has the right to basic education''. This dissertation investigates whether the ...
The constitutional impact of strategic litigation in South Africa
(North-West University (South Africa) , Potchefstroom Campus, 2016)
The broad focus of the thesis is an analysis of the constitutional limits to strategic litigation involving the state. The first chapter outlines the background of the study and defines the concept of strategic litigation. ...