School of Law: Recent submissions

Now showing items 1-20 of 858

Islamic marriages and divorce under South African law with reference to the Women's Legal Centre Trust v President of the Republic of South Africa 2022 (5) SA 323 (CC)

Yasini, Laja (2025-11)

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 ...
A critical evaluation of the doctrine of common purpose in South African law

Nkebenge, Buyiselwa (2026-01)

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. ...
Confusion in the Judicial Review of Board Decisions to Remove Directors under Section 71 of the Companies Act 71 of 2008

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 ...
Regulation on the Use of Remuneration Consultants in South Africa: Proposals for Legislative Reform

Cassim, Rehana (Obiter, 2025)

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 Analysis of the Failure of a Company to Prevent Bribery under the Prevention and Combating of Corrupt Activities Act 12 of 2004

Cassim, Rehana (South African Law Journal, 2025)

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 ...
A Comparative Critical Analysis of the Effectiveness of Remuneration Committees in the determination of Executive Remuneration in South Africa

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 ...
A Critical and Comparative Analysis of Delegation and Reliance by Company Directors under the South African Companies Act 71 of 2008

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 ...
A Critical and Comparative Analysis of the Regulation of the Office of the Chairman in Contemporary South African Companies

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 ...
A Critical Analysis of the State Capture Commission Recommendations to Protect Whistleblowers in South Africa

Cassim, Rehana (South African Law Journal, 2023)

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 ...
Confusion in the Removal of Directors by Shareholders under the Companies Act 71 of 2008: Miller v Natmed (Pty) Ltd

Cassim, Rehana (South African Law Journal, 2022)

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 ...
Reverse Piercing of the Corporate Veil: Butcher Shop and Grill CC v Trustees for the time being of the Bymyam Trust 2023 (5) SA 68 (SCA)

Cassim, Rehana (Obiter, 2025-12)

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 ...
A quest for a uniform set of rules regulating eviction proceedings in South Africa

Neke, Lungisani David Mlungisi (2021-10-20)

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 ...
Delictual and contractual liability of contractors and engineers in the South African construction industry

Braun, Julinda (2024-03-04)

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 ...
Aspects of substantial compliance and strict compliance as applied to demand guarantees

Sikobi, Nkanyiso (2024-02-23)

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 ...
The role and liability of internet service providers in South Africa : a critical and comparative appraisal

Nameka, Celeste Zara (2024-08-31)

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 ...
The impact of Labour Relations Act 66 of 1995 (as amended) on the right to freedom of association

Gcakini, Nomfusi Gladys (2023-08)

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 ...
The South African police service from parliamentary sovereignty to constitutional supremacy and law enforcement challenges under the 1996 constitution

Ramatsoele, Pitso Petrus (2022)

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 ...
A legal analysis of the governance and management of natural resources in Africa: the cases of Nigeria and South Africa

Nwafor, Peter Emeka (2023-11)

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 ...
The defamatory nature of memes through social media : a case of South African

Koza, Xolani Khaya (2024-01-18)

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 ...
The application of administrative law in community schemes in South Africa

Masilo, Abraham (2024-02)

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, ...

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