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The issue of Islamic marriages and divorce within the South African legal framework has gained increasing attention over the past decade, primarily due to the historical lack of legal recognition and regulation of Muslim ...
This study critically evaluates the doctrine of common purpose in South African criminal law, a principle that attributes criminal liability to individuals for crimes committed by others within a joint criminal enterprise. ...
Cassim, Rehana(Potchefstroom Electronic Law Journal, 2025)
A significant innovation of the Companies Act 71 of 2008, contained in section 71(3), is that the board of directors of companies is empowered to remove directors from office. Within twenty business days directors so removed ...
Over the years, companies have turned to remuneration consultants for guidance on remuneration matters. Their assistance is often sought when companies’ remuneration committees lack sufficient time, knowledge or data to ...
An innovative provision of the Prevention and Combating of Corrupt Activities
Act 12 of 2004 is the recently introduced s 34A. This section establishes a new
offence: members of the private sector and incorporated ...
Cassim, Rehana(South African Mercantile Law Journal, 2024)
Over the years, executive remuneration has been significantly
increasing, and several jurisdictions have established specific corporate
governance measures to manage this remuneration. Establishing
effective remuneration ...
Cassim, Rehana(African Journal of International and Comparative Law, 2024)
Delegation by directors and reliance on third parties is an important practical issue. Directors unlawfully delegating their powers or relying on third parties could face serious consequences, such as liability for breach ...
Cassim, Rehana(Comparative and International Law Journal of Southern Africa, 2024)
The role of chairman of the board of directors of a contemporary company has evolved from procedural and ceremonial to complex and demanding. This article examines the appointment, tenure, functions, and liabilities of ...
This article critically analyses the whistleblower recommendations of the State Capture Commission and the President of the Republic of South Africa’s response to implementing these recommendations. Three recommendations ...
This note critically analyses the judgment in Miller v Natmed Defence (Pty) Ltd
2022 (2) SA 554 (GJ), in which the court ruled on the validity of the removal of a
director by the company’s sole shareholder. Three issues ...
In Butcher Shop and Grill CC v Trustees for the time being of the Bymyam Trust (2023 (5) SA 68 (SCA)), the Supreme Court of Appeal was faced with the question whether the doctrine of piercing the corporate veil was broad ...
The hypothetical premise around which this study revolves is that, from a procedural angle, there are no comprehensive court rules regulating evictions in South Africa, notwithstanding the existence of various substantive ...
The delictual and contractual liability of contractors and engineers for negligence in the construction industry in South Africa is critically investigated. In most instances of such harm-producing conduct of contractors ...
Demand guarantees are essential for purposes of commerce and are used to secure the performance of the contractor. South African courts have held that demand guarantees are akin to letters of credit. Despite the independent ...
This research uses a comparative approach to explore the role and liability of internet service providers in South Africa. The research aims to analyse and compare the role and liability of internet service providers for ...
he primary aim of this thesis is to inquire into the impact of the Labour Relations Act 66 of 1995 as amended on the right to freedom of association. The thesis examines not only the constitutional and statutory context ...
This thesis is centered on a major research question: What has been the path of the South African Police (SAP) from parliamentary sovereignty to constitutional supremacy? How can constitutionalism, the rule of law, and ...
The UN Resolution 1803 of 1962 on Permanent Sovereignty over Natural Resources (PSNR) was a catalyst for rethinking the ownership and governance of natural resources. In terms of the Resolution, the state is at the centre ...
With the introduction of various social media platforms in the twenty-first century, social media grew at an exponential rate. Social media platforms have become an integral part of our everyday lives, playing an important ...
This study examines the shortcomings in the Community Schemes Ombud Services Act's implementation in South Africa to eradicating lawlessness. This revolutionary legislation aims to close the wealth gap between South Africans, ...