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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 ...
The legal status of evidence obtained through human rights violations in Uganda
(Faculty of Law, North-West University, 2016)
The Constitution of the Republic of Uganda, 1995 is silent on the issue of dealing with evidence obtained through human rights
violations. This silence dates to the earlier Constitutions of 1962, 1966 and 1967. ...
The potential of the Expert Committee of the African Children’s Charter in advancing adolescent sexual health and rights in Africa
(Institute of Foreign and Comparative Law, 2013)
This paper examines the role of the African Committee of Experts on the
Rights and Welfare of the Child (ACE) in advancing the sexual and reproductive rights of adolescent girls in Africa. The paper focuses on the ...
Pecunia non olet: dirty money as legal fees
(Bellville: University of the Western Cape, 2017)
It is axiomatic that lawyers have to be paid for their services. Regrettably, lawyers who represent money launderers may be offered dirty money, that is, proceeds of crime as fee payments by their clients. This essay ...
Compensation orders in criminal proceedings - a fresh perspective
(Litnet Akademies, 2017)
South African courts have to deal with the sentencing of convicted accused on a daily basis. While presiding officers are well-trained and experienced in sentencing matters, it seems that compensation orders are not generally ...
Vergoedingsboetes in strafregtelike verrigtinge - ʼn vars perspektief
(Litnet Akademies, 2017)
South African courts have to deal with the sentencing of convicted accused on a daily basis. While presiding officers are well-trained and experienced in sentencing matters, it seems that compensation orders are not generally ...