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Now showing items 211-220 of 238
A plea of double jeopardy by accused employers: are there limits?
(Nelson Mandela University, 2021)
The rule against double jeopardyentails that, generally, apersoncannot be charged more than oncefor the same, or substantially the same, offenceor misconduct in respect of whichhe or she has been convicted or ...
‘Citizenship by naturalisation: Are Regulations 3(2)(b) and (c) to the South African Citizenship Act 88 of 1985 invalid?’
(Juta, 2021)
This article argues that regulation 3(2)(b), read with regulation 3(2)(c), issued pursuant to section 23(f) of the South African Citizenship Act 88 of 1995 (“1995 Act”), is invalid and ought to be set aside on judicial ...
An analysis of the right of a muslin child born out of wedlock to inherit from his or her deceased parent in terms of the law of succession: A South African case study
(ASSAf, 2021)
This article analyses the right of a Muslim child born out of wedlock to inherit from his or her deceased parent in terms of the law of succession within the South African context. The status of the child in the South ...
An analysis of the right of a Muslim spouse to claim pension interest subsequent to divorce: A South African case study
(University of Zurich, 2021)
Section 37D(1)(d)(i) of the Pension Fund Act 24 of 1956 enables a divorced spouse to claim pension interest from
the pension fund organisation of his or her former wife or husband if certain requirements are met. This ...
Confronting apartheid. A personal history of South Africa, Namibia and Palestine, John Dugard
(Juta, 2021)
John Dugard is a household name in the law of South Africa. Perhaps even before that, but certainly since his inaugural lecture was published fully 50 years ago (see 'The judicial process, positivism and civil liberty' ...
Human rights and the transformation of property. By Stuart Wilson
(Juta, 2021)
A book devoted to the transformation of law, in this case property law, which is published in South Africa is cause for celebration. Such a work devoted to South African law is rarer than the proverbial dentures of a hen. ...
Carpe Pecuniam: Criminal forfeiture of tainted legal fees
(Pretoria University Law Press, 2020)
A person charged with money laundering has a right to legal
representation and a lawyer is entitled to defend such person. What if the
lawyer is paid with dirty money? This paper explores the legal status of
tainted ...
Second chamber as a site of legislative intergovernmental relations: An African federation in comparative perspective
(Routledge, 2021)
South Africa, a country that does not recognize itself as a federation, has
established a second chamber that is probably ideal for legislative
intergovernmental relations. The National Council of Provinces is ...
Aspects of Dutch Colonial family law related to the Indonesian Rajah of Tambora's exile at the Cape
(Cambridge University Press, 2020)
'As far as family law is concerned, we in South Africa have ... every kind of family ... This is the result of ... history ... Our families are suffused with history, as family law is suffused with history, culture, belief ...
South Africa
(ASSER Press, 2017)
This chapter on South Africa critically analyses the evolution of the concept of the best interests of the child, and specifically how it pertains to the fields of care (custody), contact (access), guardianship and maintenance ...