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Browsing Research Articles (Public Law) by Title
Now showing items 29-48 of 242
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(LexisNexis, 2020-05)Die Hoogste Hof van Appel het op 29 November 2019 in die saak van Qwelane v SAHRC & Others (686/2018) [2019] ZASCA 67 artikel 10 van die Wet op die Bevordering van Gelykheid en die Voorkoming van Onbillike Diskriminasie ...
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(Health and Medical Publishing Group (HMPG), 2014)This article examines the question of whether private obstetric care in South Africa (SA) can be saved in view of the escalation in medical and legal costs brought about by a dramatic increase in medical negligence ...
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(Health and Medical Publishing Group, 2020-10)The legalisation of cannabis by the High Court of South Africa, which was confirmed by the Constitutional Court, imposes challenges to occupational medical practitioners acting as medical review officers in compliance ...
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(Faculty of Law, North West University, 2014)The Fick case which was decided by the Constitutional Court on 27 June 2013 was the first time since its inception that the Constitutional Court was confronted with the status of a binding international decision within ...
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(Juta Law, 2008)No abstract available
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(Pretoria University Law Press, 2018)This article analyses the tension between the rule of law and the increasing use of electronic surveillance in sub-Saharan Africa. Indeed, in the sub-Saharan region today, the rule of law is severely under threat. These ...
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(Elsevier, 2020-04)Advances and innovation in deep-water technologies have fuelled a rapid and increased interest in the commercial exploitation of deep seabed minerals. Notwithstanding the apparent momentum in this sector, numerous regulatory, ...
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(OpenJournals Publishing, 2014-11-20)As a lawyer, it is a privilege to contribute to this Festschrift in honour of Professor Doctor Johan Buitendag. His entire career has been a quest for the truth. In the process, he has fearlessly rejected political agendas ...
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(Juta Law, 2021)This contribution considers a possible legal framework for holding organised armed groups (“OAGs”) collectively responsible for acts of sexual and genderbased violence (“SGBV”) during noninternational armed conflicts. ...
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(The Verloren van Themmat Centre for Public Law Studies, UNISA, 2017)Since the end of the Second World War, there has been a proliferation of international human rights treaties, both within the United Nations system as well as at the regional level. These instruments are aimed at protecting ...
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(Elsevier, 2019-01)This commentary, on an essay written by Konnoth, considers the stance taken and motivated by the said author whereby the term “medical civil rights” and the application thereof should be recognised, specifically in context ...
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(Elsevier, 2020-01-19)This commentary, on an essay written by Konnoth, considers the stance taken and motivated by the said author whereby the term ‘‘medical civil rights’’ and the application thereof should be recognised, specifically in ...
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(Juta Law, 2018)I have read Communications Law with admiration for its comprehensive nature. Once again, the importance of freedom of expression as a fundamental right and the right to information have struck me with nothing less than ...
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(Health and Medical Publishing Group, 2020-07)Infectious diseases pandemics have devastating health, social and economic consequences, especially in developing countries such as South Africa. Scarce medical resources must often be rationed effectively to contain the ...
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(Health and Medical Publishing Group, 2020-07)The COVID-19 pandemic has brought discussions around the appropriate and fair rationing of scare resources to the forefront. This is of special importance in a country such as South Africa (SA), where scarce resources ...
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(Pretoria University Law Press, 2020)The need to act swiftly in times of emergency gives governments a reason to exercise emergency powers. This is a legally valid and accepted practice in modern democracies. Post-independence African constitutions contained ...
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(Faculty of Law, North West University, 2006)Environmental enforcement remains a problem in South African environmental law. This may be attributed partly to the lack of capacity and insufficient resources within national and provincial government. It also may be a ...
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(LexisNexis, 2010)One of the fundamental objectives of any legal system is to ensure that the system is inherently fair and accessible. Many legal systems in the world today are criticised for their lack of fairness, accessibility and, ...
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(NISC (Pty) Ltd, 2020-12)This article considers the Constitutional Court judgment in the SADC Tribunal judgment from the perspective of the methodology of international law. The judgment came to the conclusion that the President’s conduct in ...
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(Juta Law, 2008)This article supports the principled proposition that all human beings have a fundamental right to an environment that is ecologically sound and does not threaten health or well-being. It also takes the position that we ...
Now showing items 29-48 of 242