The Constitutional Court of South Africa recently handed down its fourth decision so far in the field of intellectual property. These decisions came against the backdrop of reforms and reform proposals concerning intellectual ...
Roark, Marc L.; Fox O'Mahony, Lorna(Springer, 2023-12)
Technology is rapidly transforming the landscape of land ownership and housing transactions, creating new types of consumer risk and new regulatory challenges. As markets, legal systems, and housing consumers navigate the ...
Baird, Sophy B.(Pretoria University Law Press, 2023)
Society as a whole has for eons been premised on the
importance of patriarchy and heteronormatity. During this time society
has seen gradual leaps regarding people in the LGBTQI+ community.
South Africa appears to be ...
Customs that enforce heteronormativity, generally also safeguard the interests of society’s vulnerable, for instance orphans and widows, to name two examples. The recognition that non-heterosexual people is a minority group ...
South African jurisdictional principles governing cross-border litigation have seen minor development in recent years and as such, remained feudal and anachronistic. It is essential for South African courts to be equipped ...
Mutu, Perekeme(Pretoria University Law Press, 2023)
Studies have shown that children residing in countries affected
by armed conflict are more likely not to attend school as compared to
other children. This is the fate of millions of children in Northern Nigeria,
where ...
This dissertation focuses on the use of force during evictions, particularly in the context of mass evictions (where mass evictions are defined as the eviction of a group of people from unlawfully occupied property).
The ...
This thesis explores the potential delictual liability of non-vaccinating parents in South Africa for the harm caused to another by failing to have their child vaccinated. The South African common-law delict is explored ...
This mini dissertation focuses on the provisions of section 10(12) (only regarding inherent deceptiveness) and section 10(13) (regarding deceptiveness through use) of the Trade Marks Act. It provides an interpretation of ...
Okorie, Chijioke(Oxford University Press, 2022-07)
Technological advancements are being made in several parts of the world. Innovations in artificial intelligence (AI), robotics, gene editing, 3D printing and other emerging technologies have benefitted and continue to ...
Okorie, Chijioke; Chuks-Okeke, Ekene; Schneider, Marius; Ho Tu Nam, Nora(Oxford University Press, 2022-06)
This article provides an analysis of several important judgments issued by national courts in individual African countries (mostly Kenya, Nigeria and South Africa) in the period 1 January to 31 December 2021.
Apart ...
EarlyMarch 2021, following its ratification of the Agreement Establishing
the African Continental Free Trade Area (AfCFTA agreement), Nigeria’s National
Office of Trade launched a consultative process into issues ...
Maimela, Charles(Pretoria University Law Press, 2021)
This article interrogates the issue relating to employees living with cancer
taking part in employment without being discriminated against based on
their medical condition. It will be clearly outlined that cancer does ...
Baird, Sophy B.(Academy of Science of South Africa, 2021-09)
Children are afforded a number of different protections when
they encounter the criminal justice system. The need for special
protection stems from the vulnerable position they occupy in
society. When children form part ...
Morudu, Ntebo L.; Maimela, Charles(Pretoria University Law Press, 2021)
The article examines the possibility of creating an indigenous legal
pluralism within the South African context. Due to the historical and
current marginalisation of customary law, can customary law be
developed, reformed ...
Munyai, Phumudzo S.(Faculty of Law, Nelson Mandela Metropolitan University, 2021)
This article considers the suitability of the remedy of divestiture in non-merger cases,
particularly in markets where high concentration levels may embolden incumbents to
engage in abusive conduct. The article observes ...
Radebe, Martha Keneilwe(University of Pretoria, 2021-08)
Colonialism and apartheid have resulted in African law occupying an inferior position in the South African legal system compared to Roman-Dutch law and English common law, which are both recognised as forming the South ...
After 25 years of democracy, landlessness remains a major problem in South Africa,
as millions of people still do not have access to adequate housing. This inevitably
causes persons, who act either out of necessity or, ...
Kulundu, Kenneth Wanyama; Muller, Gustav(University of the Western Cape, 2020)
Although it is still in its formative stages,
the idea of inclusionary housing in South
Africa’s constitutional context is
inescapable. The typical characteristic of
inclusionary housing is that a developer is required ...