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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 ...
Extending the frontiers of employment regulation: the case of domestic employment in South Africa
(Faculty of Law, University of the Western Cape, 2010)
Domestic workers form one of the most vulnerable and exploited sectors of the workforce in the world economy. In 2002 South Africa became one of relatively few countries to promulgate special legislation aimed at extending ...
Roman-Dutch law in modern South African succession law
(Ars Aequi, 2014)
Modern South African succession law adheres to many of the tenets of Roman-Dutch succession law, and present-day South African courts frequently invoke Roman-Dutch authority to address questions regarding contemporary ...
Criticism of the testamentary undue influence doctrine in the United States: lessons for South Africa?
(Lousiana State University Law Center, 2013)
This article analyzes undue influence in the South African law of wills in light of scholarly criticism of the testamentary undue influence doctrine in the United States. The Article assesses particularly whether the ...
Testamentary rescue: an analysis of the intention requirement in Australia and South Africa
(LexisNexis Australia, 2014)
This article provides a legal-comparative perspective on the rescue of formally irregular wills through the exercise of judicial dispensing powers in Australia and the comparable exercise of a judicial condonation power ...
Should South Africa Criminalise Ukuthwala Leading to Forced Marriages and Child Marriages?
(Academy of Science of South Africa, 2021)
In 2014 the South African Law Reform Commission (SALRC)
released a Discussion Paper on the practice of ukuthwala. The
Discussion paper was revised and released again in 2015 to
include public consultations and the ...
Message from the Deputy Vice Chancellor
(SADJ - South African Dental Journal, 2018)
The 40th-anniversary celebration of the Faculty of Dentistry comes at a time when the faculty has made huge inroads in the profession, as well as in oral health care in South Africa and on the continent. Besides being the ...
An overview of the first draft of the conduct of financial institutions bill and the potential impact on the national payment system in South Africa
(Juta Law, 2020)
Over the last decade National Treasury (‘Treasury’) has been rigorously
acting on its commitment to promote a stable and safe financial sector
for South Africa. The means by which Treasury elected to do so was the
decision ...
The language of western homogeneity: A rose by any other name is a potential lawsuit
(Edward Elgar Publishing, 2016)
It has sometimes been stated that international legislation favours the developed nations that create it to the detriment of the developing nations who must abide by it. This paper shall pose this question with regard to ...
The numbering of days: Sentencing and prison population growth
(Institute for Security Studies (ISS), 2007)
On 30 May 2007 the Criminal Law Amendment Bill (15 of 2007) was tabled in Parliament, proposing amendments to what has become known as the 'minimum sentences' legislation. The proposed amendments herald another chapter in ...