Search Results - "De Jure"

Transformative constitutionalism and the fault requirement of the common law of personality by Visser, CJ

“…This article examines the relationship between transformative constitutionalism, legal ideology, and the fault requirement in South Africa's common law of…”
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The doctrine of proportionality: A proposed solution to human rights infringements in sports adjudication by van der Merwe, Bianca, Cloete, Rian

“…The primary aim of this study is to emphasise the importance of applying consistent standards in the adjudication of human rights matters, particularly in the…”
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Can a successor comparator be used in an equal pay claim under Section 6(4) of the EEA? by Ebrahim, Shamier

“…One of the purposes of the Employment Equity Act 55 of 1998 ('EEA') is to achieve equity in the workplace by promoting fair treatment and equal opportunity…”
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Tinashe v University of Limpopo: Turfloop Campus 2023 ZALMPPHC 57. In the 'presence' of the Commissioner: Is there a need for an amendment to the Justices of the Peace and Commissioners of Oaths Act 16 of 1963? by Singh, Ciresh

“…The Justices of the Peace and Commissioners of Oaths Act 16 of 1963 governs the powers and responsibilities of all Commissioners of Oaths in the Republic of…”
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The ongoing battle for secure tenure for non-owners in light of Grobler v Phillips by Boggenpoel, Zsa Zsa

“…The SCA and CC judgments in Grobler v Phillips highlight the complexity of land relations, the continued vulnerability of non-owners and the extent to which…”
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Secondary strikes and their proportional impact on both the primary and secondary employer by Manamela, ME

“…The right to strike is protected in terms of section 23(2)(c) of the Constitution of the Republic of South Africa, 1996 (the Constitution). The Labour…”
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"Reflecting back" on public participation in the judicial appointment of the South African Chief Justice? by Ntlama-Makhanya, Nomthandazo

“…After more than two decades of South Africa's democracy, the significance of the reform of the judiciary is grounded in the process of judicial appointments to…”
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Powers of the Registrar of the Health Professions Council to institute investigations under the Health Professions Act 56 of 1974 by Kwinda, MA, Labuschaigne, M, Slabbert, M

“…The Health Professions Council of South Africa (the HPCSA) is a statutory body established in terms of section 2 of the Health Professions Act 56 of 1974…”
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The best interests of the child and the right of interested third parties to parental responsibilities and rights: RC v HSC 2023 4 SA 231 (GJ) by Bekink, Mildred

“…The South African post-constitutional era gave rise to the reframing of what was previously referred to as parental authority to parental responsibilities and…”
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Re-thinking Ex Post Facto Environmental Authorisation in South Africa: Insights from 2022 NEMA Amendment by Ashukem, Jean-Claude N.

“…In 2004, section 24G on ex post facto environmental authorisation was introduced into the National Environmental Management Act (NEMA) of 1998 (as amended) to…”
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Appraising the regulatory framework of the new South African Deposit Insurance System by Matasane, Matsietso Agnes

“…South Africa has recently established its first deposit insurance body, the Corporation for Deposit Insurance (the Corporation), as part of the Twin Peaks…”
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Dismissing the blanket approach of interdicting strike brutality: A discussion of Commercial Stevedoring Agricultural and Allied Workers' Union and Others v Oak Valley Estates (Pty) Ltd and Another [2022] ZACC 7 by Mabaso, Fanelesibonge

“…This matter concerns an attempt by the employer to interdict unidentified workers in the cause of a strike that turned violent and resulted in damage to the…”
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Chetty v Perumaul (AR313/2020) [2021] ZAKZPHC 66 (21 September 2021) - A cautionary note on the self-inflicted injury of disastrous and careless cross-examination by van Coller, Arthur

“…The Deputy Judge President of the Gauteng Local Division of the High Court recently commented on the functional interrelationship between judicial and legal…”
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Monareng v Dr JS Moroka Municipality 2022 43 ILJ 1855 (LC) - Affirmation that resignation by an employee constitutes a point of no return: or does it? by Sengwane, Khodani, van Eck, Stefan

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Revisiting the no reflective loss principle under the South African company law regulation: A reflective assessment through the lens of Hlumisa Investment Holdings RRF) Ltd v Kirkinis 2020 3 All SA 650 (SCA by Mudzamiri, Justice

“…One of the central concepts in company law is that a company is a juristic person with a separate legal personality. Several consequences flow from the…”
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An analysis s 5A of the Divorce Act 70 of 1979 and its application to marriages concluded in terms of Islamic law by Abduroaf, Muneer

“…There has (to date) been no legislation enacted by the South African government that fully recognises marriages concluded in terms of Islamic law (Islamic…”
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NCA Plant Hire CC v Blackfield Group Holdings (Pty) Limited [2021] JOL 51810 (GJ) by Boraine, A., Swart, WJC

“…The facts and judgment in NCA Plant Hire CC v Blackfield Group Holdings (Pty) Limited [2021] JOL 51810 (GJ) raises some interesting questions in relation to…”
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Considering the ownership of house property in customary law by Osman, Fatima

“…The Recognition of Customary Marriages Amendment Act 1 of 2021 was enacted to address the proprietary consequences of customary marriages. This note examines…”
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The expanding role of the curator ad litem i n protecting children's rights in South Africa by Hansungule-Nefale, Zita M, Courtenay, Morgan R

“…The appointment of the curator ad litem during litigation in which children's interests are concerned has, over the years, played a critical role in advancing…”
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Reflections on children and law: Special Edition in honour of Emeritus Professor Trynie Boezaart by Skelton, Ann, Ozah, Karabo

“…Professor Trynie Boezaart imagined a law faculty and a law profession -in fact, a legal system - that recognised child law as a separate field of law. She did…”
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