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Co-trusteeship and the joint- action rule in South African trust law
(Elsevier, 2013)
This article examines the fundamental rule of South African trust law that co-trustees must always act jointly in regard to trust administration. It highlights the rule's foundation, but also contextualizes some of the ...
Trust deeds as ‘constitutive charters’ and the variation of trust provisions: a South African perspective
(Oxford University Press, 2013)
In this article, I assess the constitutive status accorded to trust deeds in Potgieter v Potgieter and Pascoal v Wurdeman, two recent South African judgments on trust variation. In particular, I analyse judicial condemnation ...
“One moment of extreme irresponsibility”: notes and comments on Humphreys v S and the volitional component of dolus eventualis in the context of dangerous or irresponsible driving
(University of the Western Cape, 2013)
The 2013 judgment of the Supreme Court of Appeal in Humphreys v The State has provided a measure of clarity as regards the application of the principles of dolus eventualis, particularly the volitional component thereof ...
Book Review: Judith Still, Derrida and Hospitality: theory and practice
(Edinburgh University Press, 2013)
A book review of Judith Still, Derrida and Hospitality: theory and practice, (Edinburgh, Edinburgh University Press, 2010), 294 pp. ISBN 978-0-7486-4027-0
Pornography is going on-line: the harm principle in Dutch law
(Faculty of Law, UWC, 2013)
The pornography of 19th century Victorian society, Steven Marcus observes in The Other Victorians, gave expression to a fantasy that exactly mirrored the public ideal image of chastity in reverse reflection. As exemplary ...
Yet another missed opportunity to develop the Common Law of Contract? An analysis of Everfresh Market Virginia (Pty) Ltd v Shoprite Checkers (Pty) Ltd [2011]ZACC 30
(Nelson R Mandela School of Law, 2013)
Courts are under a general obligation to develop common law by applying constitutional values as mandated by sections 8(3), 39(2) and 173 of the Constitution. There have been attempts by part of the judiciary and calls ...
Phishing in the world wide web ocean: Roestof v Cliffe Dekker Hofmeyr Inc - A case of cyber laundering through an attorney's trust account
(University of the Western Cape, Faculty of Law, 2013)
Money launderers are always exploring new channels to clean their ill-gotten gains. The attorney’s trust account is especially attractive to persons, or organisations, that seek to launder money. As a result, the Financial ...
Form over function? the practical application of the recognition of Customary Marriages Act 1998 in South Africa
(Juta Law, 2013)
The Recognition of Customary Marriages Act 120 of 1998 is a major legislative measure for the development of customary marriages in line with the constitutional principle of equality, specifically for women. The article ...
Deprivation of children's liberty 'as last resort' and 'for the shortest period of time': how far have we come? And can we do better?
(Juta Law, 2013)
Commencing with a brief historical overview of detention of children in South Africa, and legislative attempts to curb its use, this article reviews all forms of deprivation of liberty under the Child Justice Act 75 of ...
Lessons from the past: remand detention and pre-trial services
(Institute for Security Studies (ISS), 2013)
A 1997 project established by the Vera Institute of Justice, a New York-based non-government organisation, aimed to alleviate overcrowding in South African prisons by assisting magistrates in bail proceedings and thereby ...