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 ...
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 ...
Maithufi, M.; Maimela, Charles(Nelson Mandela Metropolitan University, Faculty of Law, 2020)
African customary law is a legal system that is recognised in South Africa and forms part of the law of the indigenous people of South Africa. Due to colonialism and apartheid, this legal system was rejected and underdeveloped ...
Maunatlala, Refiloe Kgopotso; Maimela, Charles(Pretoria University Law Press (PULP), 2020)
This article pays close attention to some of the problems and practical
challenges presented by the abolition of the rule of male primogeniture
and thereafter, the extension of the Intestate Succession Act to customary
law ...
Robbertze, Gadiël; Muller, Gustav(Pretoria University Law Press (PULP), 2020)
The “home” forms a central part of life and it finds relevance in various
other legal spheres. However, for such a central point of reference in law
and everyday life, it still remains a somewhat vague notion without ...
Wethmar-Lemmer, Marlene; Schoeman, Elsabe(Juta Law Journals, 2019)
From a South African perspective, the promotion of international trade, as well
as the development of effective judicial and extra-judicial dispute resolution
institutions, is of paramount importance for increased economic ...