Search
Now showing items 1-10 of 31
Restorative justice as postmodern justice: exegesis and critique
(University of the Western Cape, 2016)
This essay explores the relationship between postmodernism and RJ.
Postmodernism quickly outgrew its non-legal origins and has extended its
reach to incorporate matters legal. Already, it has established a significant
presence ...
Cave pecuniam: Lawyers as launderers
(North-West University, 2012)
In South Africa there is something almost sacrosanct about an attorney's trust
account. It is the prescribed destination of all funds paid in trust by a client to an
attorney. Clients tend to have complete confidence in ...
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 ...
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 Ugandan Customary Marriage (Registration) Act: a comment
(University of Florida, 2013)
Different marriages in Uganda are govemed by different pieces of
legislation. For example, church or civil marriages are govemed by the
Marriage Act (1904),' which is in the process of being amended.^ Muslim
marriages ...
The supreme court of Canada and the offender's right to be transfer to serve his sentence in Canada: Interpreting the International transfer of offenders in the light of Canada's National and International Human rights obligations
(De Gruyter Open, 2013)
In September 2013 in the case of Divito v Canada (Public Safety and Emergency
Preparedness) the Supreme Court of Canada dealt with the issue of whether section 6(1) of
the Canadian Charter of Rights and Freedoms, the ...
How should the most evil of law breakers be punished: The death penalty vs life imprisonment in Uganda, 1993 – 2009
(The Human Rights and Peace Center (HURIPEC), 2011)
Article 22(1) of 1995 Constitution of Uganda protects the right to life and
provides that it can only be taken away in the ‘execution of a sentence passed
in a fair trial by a court of competent jurisdiction in respect ...