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Race, gender and socio-economic status in law enforcement in South Africa – are there worrying signs?
(Community Law Centre, University of the Western Cape, 2013)
In the South African context the right to equality has particular significance given the country’s history of statutory unfair racial discrimination. This paper investigates, based on quantitative data, how different ...
Understanding impunity in the South African law enforcement agencies
(Dullah Omar Institute, 2013)
This paper analyses the underlying structural and functional reasons for de facto impunity in South African law enforcement with specific reference to the South African Police Service (SAPS) and the Department of Correctional ...
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 ...
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 ...
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 ...
Prisoner transfer to South Africa: Some of the likely challenges ahead
(North-West University, 2013)
For many years the South African government has been reluctant to enter into prisoner transfer agreements. This reluctance is demonstrated by at least two instances. The first is that in 2000 there was an attempt by an ...
Surrogacy, South African style
(International Bar Association Legal Practice Division, 2013)
This article reviews the Act’s provisions concerning surrogacy and raises some questions for consideration.
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 ...
Pashukanis on crime and punishment
(University of Pretoria, 2013)
Evgeny Pashukanis deservedly is famous as the author of the so-called
commodity form theory of law. In his Law and Marxism he postulated
that the form of legal relations held the key to the Marxist critique of law
and ...