In Singh v Ramparsad and others 2007 3 SA 445 (D) the court was asked to find that a Hindu marriage falls within the ambit of the Marriage Act 25 of 1961 or, alternatively, within the ambit of the Divorce Act 70 of 1979. ...
The article evaluates the rules regarding the division of matrimonial property upon divorce from a gender-equality perspective. In respect of the areas where substantive gender equality is lacking, proposals for law reform ...
One of the realities that developing countries like Nigeria have to face today is that national and international markets have become more and more interconnected through the global platform of telecommunications and the ...
Energy is the natural power stored in matter which can be potential and kinetic energy. This occurs in nature in various forms such as chemical energy, thermal energy, electromagnetic radiation, gravitational energy, ...
The substitution of the dominant Western jurisprudence for South Africa’s indigenous
normative values during colonial and apartheid times has resulted in a perverted
conception of law that presents Western jurisprudence ...
The South African Refugees Act1 makes a distinction between an asylum seeker and a refugee. The Act defines an asylum seeker as “a person who is seeking recognition as a refugee in the Republic”. A refugee on the other ...
The effective management of a strike is generally a challenging phenomenon which impacts on employers, employees and the general public. The main purpose of this study was to analyse the legal implications of employees’ ...
Revenue collection agencies across the world aim to maximise revenue collection by minimising tax noncompliance. The different types of tax noncompliance are collectively referred to as the tax gap phenomenon, which revenue ...
If the expectancy that someone was to act according to what we deem to be his or her “duty” was that straightforward, there would be no need to address the issues of liability of the employee for the wrongful acts of the ...
The current South African legislative framework does not properly address the unequal bargaining position between employers and fixed term employees. Ineffective regulation of fixed term employment in South Africa has had ...
Du Plessis, Hanri Magdalena(Potchefstroom Electronic Law Journal, 2013)
The unilateral determination of price has been a controversial issue for an extended period of time. During the 1990s the Supreme Court of Appeal asked if the rule should still form part of South African law. Specifically, ...
The principle of legality is often expressed in terms of the maxims nullum crimen sine lege (no crime without law) and nulla poena sine lege (no punishment without law). When the Criminal Law (Sexual Offences and Related ...
Until its independence in 1990, Namibia shared the South African criminal
justice system. Today, it retains the Criminal Procedure Act 51 of 1977 as
main means of regulating the criminal justice system. This Act is ...
Terblanche, S. S. (Stephanus Salomon),1959-(2014-05-15)
The Child Justice Act 75 of 2008 establishes a separate criminal justice system for child offenders, which is mainly aimed at diverting child offenders from the formal criminal justice system. However, when diversion is ...
The thesis deals with the emergence of bank and non-bank entities that provide a range of unique
transaction-based payment services broadly called Mobile Financial Services (MFS) to unbanked,
underserved and underbanked ...
This paper examines the different share valuation methods and principles likely to be used by a court in determining the fair value of dissenting shareholders’ shares in appraisal proceedings in terms of section 164(14) ...
In hierdie verhandeling ontleed ek die oproeping van ʼn verband op ʼn onroerende saak in die Suid-Afrikaanse reg. Indien ʼn verbandskuldenaar wanpresteer, kan die verbandskuldeiser sy beperkte saaklike reg afdwing deur die ...