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Now showing items 191-200 of 210
(Illicit) transfer by De Gree
(University of Western Cape, 2007)
The decision of the Supreme Court of Appeal (SCA) in De Gree v Webb [2007] SCA 87 (RSA) is worthy of consideration for a number of reasons, reasons which do not include the prominent (emotive) media attention devoted to ...
A developing dialogue – children’s rights, children’s law and economics: surveying experiences from Southern and Eastern African law reform processes
(Tilburg University Schoordijk Institute, 2008)
Law reform in southern and eastern African countries to domesticate the UN Convention on the Rights of the Child (CRC) and the African Charter on the Rights and Welfare of the Child (ACRWC), to synthesize common, civil and ...
What is the future of collective bargaining (and Labour Law) in South Africa?
(Juta Law, 2007)
Introduction: Collective bargaining has a long history. The term is said to have been coined around 1890 by the British labour movement pioneer, Beatrice Webb. By then the practice of wage negotiations between trade unions ...
Basic rights claims How responsive is ‘reasonableness review’?
(ESR Review, 2004)
South Africa’s 1996 Constitution (the Constitution) is widely renowned for its holistic, inclusive Bill of Rights. A particular innovation is its inclusion of a wide range of fully justiciable socio-economic rights. There ...
The prohibition of unfair discrimination: applying Section 3(d) of the Employment Equity Act
(Juta Law, 2009)
Introduction: This chapter sets out to examine the concept of “unfair discrimination” in the employment context as it has evolved over the past three decades. It will note the efforts made by the courts to clarify it and ...
Demarcating provincial and local powers regarding liquor retail
(Unisa Press, 2004)
Local government’s newly acquired status as a fully-fledged sphere of
government with constitutionally protected powers is slowly gaining momentum.
Now that the dust is slowly settling around the demarcation and ...
Protection against unfair discrimination in the workplace: are the courts getting it right?
(Juta, 2007)
Introduction: No area of South African law is more critical than the prohibition of unfair discrimination, especially in the workplace. Under apartheid, discrimination against workers on grounds such as race and sex was ...
The fiduciary office of trustee and the protection of contingent trust beneficiaries
(Juta Law, 2007)
This contribution focuses on two matters pertinent to the office of trustee.
First, the fiduciary nature of the office of trustee is investigated, with particular
reference to the essence of a trustee’s fiduciary duty. ...
Spectres of Coke: Judicial supervision as a revolutionary inheritance
(Springer Verlag, 2007)
Sir Edward Coke is known for having played a central role in establishing the power of the common law courts to exercise a supervisory jurisdiction over the executive/administration. Coke is usually praised in the literature ...
South Africa, the arts and youth in conflict with the law
(Intellect, 2007)
This paper describes the DIME (Diversion into Music Education) youth intervention program that originated in South Africa in 2001. DIME offers instruction in African marimba and djembe bands to juvenile offenders. Conceived ...