Now showing items 1-10 of 271
Imperfect transition – local government reform in South Africa 1994-2012
(SUN Press, 2012)
Local government is a mirror of the larger political and economic forces, cleavages and problems that are shaping South African society. It is these deeper fault lines in society, rather than the Zuma government’s ...
Palliative care for terminally ill inmates: Does the state have a legal obligation?
(Juta Law, 2012)
‘We ought to give those who are to leave life … the terminally ill … the same care and attention that we give those who enter life – the new-born.’1 In this article it is contended that terminally ill inmates have a right ...
Recovering the stolen assets: Understanding gatekeeper's activities
This paper identifies the link between gatekeepers and corruption, and examines how money laundering mechanisms are used to conceal the proceeds of corruption. In order to successfully trace and recover stolen assets, we ...
Co-trusteeship and the joint- action rule in South African trust law
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 ...
Deconstructing the Leviathan: Derrida’s The Beast and the Sovereign
(Multidisciplinary Digital Publishing Institute (MDPI), 2012)
Derrida’s The Beast & the Sovereign volume I, explores the contradictory appearance of animals in political discourse. Sometimes, as he points out, political man and the sovereign state appear in the form of an animal, and ...
The ghostly dance of Zarathustra
Reading of C.W. Maris’s Nietzsche-Niëzky-Nijinsky: De Dans van Zarathustra (2004) and De Dans van Zarathustra: Nietzsche en de vrolijke rechtswetenschap (2006).
Erfregtelike onwaardigheid: Enige lesse te leer vir die Suid-Afrikaanse reg uit die Nederlandse reg?
The regulation of unworthiness to inherit in Book 4 of the (new) Dutch Civil Code (2003) occasioned numerous interpretation and application challenges to Dutch courts, notaries and inheritance scholars. These challenges ...
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 ...
The Gift and the meaning-giving subject: A Reading of Given Time
In this essay the relation between justice and the gift in Derrida’s thinking is explored. The essay shows that an understanding of the ontological difference or the relation between Being and beings in Heidegger’s thinking ...
Protecting inmates' dignity and the public's safety: a critical analysis of the new law on medical parole in South Africa
(University of the Western Cape, 2012)
This paper is aimed at critically assessing the new section 79 of the Correctional Services Act and whether it creates a medical parole system which protects the dignity of inmates and gives due consideration to public safety.