Search Results - "Obiter"

THE LEGAL STATUS OF TRADE UNIONS AND POTENTIAL GROUNDS ON WHICH THEY MAY INCUR LIABILITY by ME Manamela

“…Employees exercise their right to freedom of association by forming or joining trade unions. It is not required that a trade union be registered to function as…”
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SALARY DEDUCTIONS: CAN EMPLOYERS RESORT TO “SELF- HELP”? by Siphile Hlwatika

“…In the context of an employment relationship, an employee may cause the employer to incur loss or damages. In such an event, an employer would be entitled,…”
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SHOULD A COMPANY’S DIGNITY BE PROTECTED UNDER SECTION 10 OF THE CONSTITUTION? THE QUESTION IN Reddell v Mineral Sands Resources (Pty) Limited [2022] ZACC 38 by Minenhle Alfred Nzimande, Razaana Denson, Joanna Botha

“…In Reddell v Mineral Sands Resources (Pty) Ltd ([2022] ZACC 38) (Reddell), the Constitutional Court considered whether section 10 of the Constitution of the…”
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CAN THE DEATH PENALTY STILL BE CONSIDERED A “CRUEL, INHUMANE AND DEGRADING PUNISHMENT” IN THE FACE OF SOUTH AFRICAN PRISON CONDITIONS? by Llewelyn Gray Curlewis, Katelyn-Mae Carter

“…The use of the death penalty as a form of punishment can be traced back to the earliest human civilisations. South Africa was no stranger to this punishment,…”
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SOCIAL SECURITY FOR PERSONS WITH DISABILITIES IN SOUTH AFRICA: COMPLIANCE WITH ARTICLE 28(2) OF THE CONVENTION ON THE RIGHTS OF PERSONS WITH DISABILITIES by Basson, Yvette

“…The United Nations Convention on the Rights of Persons With Disabilities (CRPD) was adopted in 2006 in order to address continued marginalisation of persons…”
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TINDER SWINDLERS: SUBSTANTIVE AND PROCEDURAL MATTERS PERTAINING TO ONLINE DATING FRAUD UNDER THE COMMON LAW AND THE CYBERCRIMES ACT by Van der Linde, Dr Delano Cole

“…The proliferation of online dating scams or fraud has presented a significant threat to users of online dating platforms globally. Scammers misrepresent…”
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THE (IN)EFFECTIVENESS OF REQUIRING PRIOR EXHAUSTION OF LOCAL REMEDIES IN INVESTMENT ARBITRATION by Smit, Samantha, Koen, Louis

“…The international investment-law regime continues to be mired in a legitimacy crisis that has given rise to important multilateral reform efforts through the…”
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CHERISHING CUSTOMARY LAW: THE DISPARITY BETWEEN LEGISLATIVE AND JUDICIAL INTERPRETATION OF CUSTOMARY MARRIAGES IN SOUTH AFRICA by Charles Maimela, Ntebo Lauretta Morudu

“…The constitutional recognition of customary law in South Africa has opened a new conduit for the development of customary law. With the courts taking the lead…”
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THE COMPANIES ACT 71 OF 2008 DOES NOT OUST THE COMMON-LAW DERIVATIVE ACTION FOR CLOSE CORPORATIONS Naidoo v The Dube Tradeport Corporation [2022] ZASCA 14 by Darren Subramanien

“…The Companies Act 71 of 2008 (2008 Act) abolished the common-law derivative action for companies; section 165 of the 2008 Act replaced it with the statutory…”
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UPROOTING A CULTURE OF GENDER-BASED VIOLENCE IN SOUTH AFRICA: CRITICAL APPROACHES TO BAIL, POLICING AND AWARENESS by Nortje, Windell, Hull, Shane

“…Gender-based violence (GBV) is a serious and systemic problem in South Africa. The government has attempted to address the problem by introducing several…”
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DOES SECTION 9(2) OF THE DIVORCE ACT 70 OF 1979 PROVIDE ADEQUATE PROTECTION FOR AN ILL SPOUSE? by Siyabonga Sibisi

“…In simple terms, section 9 of the Divorce Act (70 of 1979) provides for forfeiture of patrimonial benefits (forfeiture) in divorce proceedings if the ground…”
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ESORFRANKI PIPELINES (PTY) LTD v MOPANI DISTRICT MUNICIPALITY [2022] ZACC 41 by Andre Mukheibir

“…The Constitutional Court, in the recent case of Esorfranki Pipelines (Pty) Ltd v Mopani District Municipality ([2022] ZACC 41), had to decide whether a…”
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(IN)EQUALITY IN PROPERTY OWNERSHIP: THE RHETORIC OF HOMELESSNESS by Jeewa, Tanveer Rashid, Nxumalo, Sfiso Benard

“…Given South Africa’s shameful apartheid past, equality before the law should seep through every stratum of its society. Arguably, equality should be more of a…”
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JUDICIAL CASE FLOW MANAGEMENT “CHECKPOINT”: HOW FAR HAVE WE GONE? by Selby Mfanelo Mbenenge

“…This article examines the introduction of judicial case flow management into South African law from a historical perspective, its initial failures, resistance…”
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CLARIFYING THE LAW OF COMPLICITY S v Mbuyisa [2023] ZAKZPHC 132; 2023 JDR 4950 (KZP) by Shannon Hoctor

“…The single perpetrator is the paradigmatic offender. Apart from very limited exceptions, all the elements of criminal liability, including both actus reus and…”
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RESCUING THE BUSINESS RESCUE PROCESS: A CRITICAL REFLECTION ON THE AUTHORITY TO APPOINT A SUBSTITUTE BUSINESS RESCUE PRACTITIONER THROUGH THE LENS OF Shiva Uranium Limited v Mahomed Mahier Tayob 2022 (3) SA 432 (CC) by Mpofu, Kudzai, Shelton T Mota Makore

“…A determination on the authority to appoint a substitute business rescue practitioner is particularly important for its bearing on the perpetuity of business…”
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REGULATION OF THE LEGAL PRACTITIONERS’ FIDELITY FUND INVESTMENTS IN NAMIBIA by Awarab, Marvin

“…In the Namibian context, the Legal Practitioners’ Fidelity Fund is created by statute, and is administered by a board of control known as the Legal…”
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INTERROGATING THE RIGHT TO BASIC EDUCATION OF UNDOCUMENTED CHILDREN IN THE CONTEXT OF THE CALL FOR THEIR EXCLUSION FROM PUBLIC SCHOOLS IN SOUTH AFRICA by Mutu, Perekeme

“…The right to basic education is recognised as a fundamental human right that is guaranteed to everyone, including undocumented children under international and…”
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Rescuing The Business Rescue Process: A Critical Reflection on the Authority To Appoint A Substitute Business Rescue Practitioner Through The Lens Of by Mpofu, Kudzai, Makore, Shelton T Mota

“…The South Africa Companies Act 71 of 2008 (the Act), introduced, inter alia, business rescue as a vital, innovative instrument for maintaining and sustaining…”
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Can The Death Penalty Still be Considered A “Cruel, Inhumane and Degrading Punishment” in the Face of South African Prison Conditions? by Curlewis, Llewelyn G, Carter, Katelyn-Mae

“…The use of the death penalty as a form of punishment can be traced back to the earliest human civilisations. South Africa was no stranger to this punishment,…”
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