Grové, Gertruida le Roux(University of Pretoria, 2019)
This thesis investigates the legal validity of living wills (advance directives) in South
Africa. The study explores the current status of living wills in South Africa and
contains recommendations on how legal enforceability ...
Cassim, Maleka Femida(Faculty of Law, Nelson Mandela Metropolitan University, 2019)
Effective shareholder control over the board of directors is patently in the interests of
good corporate governance, accountability and transparency. In recognition of this
modern reality, the policy focus in company law ...
BACKGROUND : Whenever South African (SA) research institutions share human biological material and associated
data for health research or clinical trials they are legally compelled to have a material transfer agreement ...
This contribution sets out to determine whether the degree of organisation that a nonstate fighting unit has to meet to be classified as an
organised armed group under art 8(2)(f) of the Rome Statute is similar to the ...
My hypothesis is that the use of a diagram as a teaching and learning tool for the assessment of the law of servitudes – specifically the permanent way of necessity and the relocation of a defined right of way – can change ...
Labuschaigne, M.; Mahomed, S.; Behrens, K.; Nienaber, A.G. (Annelize Gertruida); Moodley, K.; Cleaton-Jones, P.; Olckers, A.; Maepa, N.; Penny, C.; Dhai, A.(Health and Medical Publishing Group, 2019-05)
The need to transfer human biological materials (HBMs) across national boundaries has become increasingly important in view of increased
biobank and commercial activities globally. In light of South Africa (SA)’s history ...
Van Eck, B.P.S. (Stefan); Kuhn, Rudolf(Juta Law, 2019)
This contribution appears short on the heels of the enactment of amendments to the Basic Conditions of Employment Act and the Labour Relations Act, as well as the phased introduction of the historic National Minimum Wage ...
Skelton, Ann, 1961-(Pretoria University Law Press, 2019)
The South African Constitutional Court is often lauded for its application of
best interests in its judgments. This article acknowledges the positive
aspects of the Court’s approach, especially in the earlier cases, but ...
Modiri, Joel Malesela(Pretoria University Law Press, 2019)
This article reflects on the limits of “post”-apartheid constitutionalism through an extended theoretical discussion and close reading of the Constitutional Court decision in City of Tshwane Metropolitan Municipality v ...
Grobbelaar-Du Plessis, IIze; Njau, Jehoshaphat John(Pretoria University Law Press, 2019)
The article examines and clarify the legal obligations of labour market (as
part of mainstream society) to effectively promote and protect the right to
employment for persons with disabilities in South Africa. In this ...
Maimela, Charles(Pretoria University Law Press, 2019)
Cancer is a medical condition that affects all of mankind and does not take
into account the race, religion and socio-economic position of a person.
The effect of cancer on people living with this medical condition ...
Stevens, G.P. (Geert Philip); Eberechi, Oghenerioborue Esther(Pretoria University Law Press, 2019)
This article analysed article 16 of the United Nation convention relating to
the status of refugees 1951, which provides free access to courts in the
contracting states for all refugees, in relation to victims of sexual ...
Fritz, Carika(Pretoria University Law Press, 2019)
The South African Revenue Service (SARS) is tasked with effectively and
efficiently collecting taxes (s 3(a) of the South African Revenue Service
Act 34 of 1997). In turn, these collected taxes are used by government ...
In 2018, the International Law Commission (ILC) celebrated its 70th
anniversary. In this commemorative year, the Commission had a
number of topics on its agenda. It completed, on second reading, draft
conclusions on the ...
The Law Commission is an institution created by Malawi’s 1995 Constitution with the mandate to review and recommend laws to be in conformity with the Constitution and international law. In 2000, the Commission recommended, ...
Adeola, Romola(Pretoria University Law Press, 2019)
In 2009 the African Union Assembly adopted the Convention on the
Protection and Assistance of Internally Displaced Persons in Africa
(Kampala Convention). The adoption of the Kampala Convention was in
response to the ...
Alimohammadi, Emma; Muller, Gustav(Pretoria University Law Press, 2019)
In Chapelgate Properties 1022 CC v Unlawful Occupiers of Erf 644
Kew & Another and Tswelopele Non-Profit Organisation v City of
Tshwane Metropolitan Municipality the courts failed to provide guidance
regarding the ...
O’Connell, Ciara(Pretoria University Law Press, 2019)
The ECOWAS Court of Justice is the first human rights body to find a
violation of the African region’s women’s rights treaty, the African
Women’s Protocol. Nearly 15 years after the adoption of this Protocol, the
Botha, Louis; Kok, J.A. (Anton)(Pretoria University Law Press, 2019)
In this article the authors consider the early complaints lodged at the pilot
equality courts. Since their inception the equality courts have been
underutilised. These early complaints are considered against three ...
Durojaye, Ebenezer; Nabaneh, Satang(Pretoria University Law Press, 2019)
Discrimination and stigma relating to persons with albinism remain the norm in
many African countries. There are documented reports of how persons with
albinism have been subjected to gross human-rights violations owing ...